Can Beverly Anns Cookie's online policy prohibit other online use of the Marks?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
If you wish to advertise online, you must follow our online policy, which is contained in our Brand Manual. Our online policy may change as technology and the internet changes. Under our online policy, we may retain the sole right to market on the internet, including all use of websites, domain names, advertising, and co-branding arrangements. We may restrict your use of social media. We may prohibit you from independently marketing on the internet, or using any domain name, address, locator, link, metatag, or search technique with words or symbols similar to the Marks. We intend that any franchisee website will be accessed only through our home page.
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD page 49)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, the company's online policy, detailed in its Brand Manual, allows them to control online marketing activities. Beverly Ann's Cookie retains the right to market on the internet, including the use of websites, domain names, advertising, and co-branding arrangements. They can also restrict a franchisee's use of social media.
Specifically, Beverly Anns Cookie may prohibit franchisees from independently marketing on the internet or using any domain name, address, locator, link, metatag, or search technique with words or symbols similar to the Marks. The intention is that any franchisee website will be accessed only through Beverly Ann's Cookie's home page.
This policy gives Beverly Anns Cookie significant control over the brand's online presence. For a prospective franchisee, this means limited autonomy in online marketing and a need to adhere strictly to the franchisor's guidelines. It is important to review the Brand Manual and understand the online policy fully to avoid any potential conflicts or restrictions on online marketing efforts. Franchisees should also inquire about how the online policy might evolve as technology and internet practices change, as the FDD states that the online policy may change as technology and the internet changes.