What governs a Beverly Anns Cookie franchisee's use of the Intellectual Property?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
er our service marks, trademarks, trade names, trade dress, logos, slogans and commercial symbols as we may from time to time authorize or direct you to use with the operation of the Franchised Business (the "Marks"). We and our affiliates use, promote, and license a registered patent to be used in connection with the operation of Franchised Businesses, and we may create, use, and license other patents for the same use (the "Patent").
You must operate your Franchised Business with either our proprietary Beverly Ann's Cookie Truck mobile truck, the "Grandma's Recipe Motor Vehicle" ("GRM") or our proprietary "Grandma's Recipe Trailer" ("GRT)." We will refer to the primary vehicle (either the GRM or a GRT) used in the Franchised Business as the "GR Vehicle." Franchisees may also operate an additional GRT as "Additional Equipment" (see Section 7.4). This Franchise Agreement grants you the right to operate the GR Vehicle within the Territory (defined below).
We grant you a non-exclusive license to own and operate a single Franchised Business using the business formats, methods, procedures, signs, designs, standards, specifications, distinguishing elements, and intellectual property (the "System") that we authorize strictly in compliance with the terms and conditions set forth in this Franchise Agreement, within the Territory or other areas we may specify in Attachment A to this Franchise Agreement.
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, a franchisee's use of intellectual property is governed by the franchise agreement. Beverly Anns Cookie grants franchisees a non-exclusive license to operate a single franchised business using the business formats, methods, procedures, signs, designs, standards, specifications, distinguishing elements, and intellectual property that Beverly Anns Cookie authorizes. This use must strictly comply with the terms and conditions outlined in the franchise agreement, within the specified territory.
The franchisee acknowledges the significance of the Beverly Anns Cookie system and marks, understanding the importance of maintaining high standards of quality, appearance, and service. Beverly Anns Cookie retains the right to modify the system as deemed appropriate and franchisees must promptly comply with any such changes.
Upon termination, expiration, or transfer of the franchise agreement, the franchisee must immediately cease using the intellectual property in any manner and must not use trademarks or trade names that are confusingly similar to Beverly Anns Cookie's intellectual property. Continued use of the marks after the agreement ends constitutes trademark infringement. These obligations survive the termination of the franchise agreement, ensuring the protection of Beverly Anns Cookie's intellectual property even after a franchisee exits the system.