Who is the exclusive owner of all right, title, and interest in Beyond Juicery Eatery's trademarks?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
8.02 Franchisee and each Principal Owner agree and acknowledge that:
A.
Our affiliate, Beyond Juicery Eatery IP, LLC is the exclusive owner of all right, title and interest in and to the Trademarks and the goodwill associated therewith;
- B.
The Trademarks identify us as the source or origin of goods and services provided under such marks and the System;
- C. Neither you nor any Principal Owner shall directly or indirectly contest the ownership or the validity of the Trademarks;
- D. You do not have, and shall not acquire by use pursuant to this Agreement, any ownership or other interest in or to the Trademarks, except the right and license granted herein, subject in all respects to the terms hereof;
- E. Any and all goodwill arising from your use of the Trademarks shall inure exclusively to us and Beyond Juicery Eatery IP, LLC without compensation; and
- F. Your right and license to use the Trademarks is non-exclusive and, subject to this Agreement. We have and retain all rights relating to the Trademarks and the use thereof including, without limitation, the right to:
- (1) Grant other licenses to use the Trademarks;
- (2) Develop and establish Other Concepts using the Trademarks or other names or marks and to grant licenses thereto without providing any rights therein to you; and
- (3) Engage, directly or indirectly, at wholesale, retail or otherwise, in (i) the production, distribution, license and/or sale of products and services under the Trademarks or other names or marks and (ii) the use, in connection with such production, distribution and sale, of any and all trademarks, trade names, service marks, logos, insignia, trade dress, slogans, emblems, symbols, designs and other identifying characteristics as may be developed or used from time to time by us.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, Beyond Juicery Eatery IP, LLC, an affiliate of the franchisor, is the exclusive owner of all right, title, and interest in and to the trademarks and the goodwill associated with those trademarks. This means that Beyond Juicery Eatery IP, LLC controls the brand's identity and reputation.
As a franchisee, you acknowledge this ownership and agree not to contest the validity of the trademarks. You also understand that you do not acquire any ownership interest in the trademarks themselves, only the right to use them under the terms of the franchise agreement. Any goodwill generated from your use of the trademarks benefits Beyond Juicery Eatery IP, LLC, without any compensation to you.
Beyond Juicery Eatery retains all rights to the trademarks, including the right to grant other licenses, develop other concepts using the trademarks, and engage in the production, distribution, and sale of products and services under the trademarks. This extensive control over the trademarks is typical in franchising, ensuring brand consistency and protecting the franchisor's intellectual property. The franchisee's rights to use the trademarks are non-exclusive and subject to the franchise agreement.