Is a Beyond Juicery Eatery franchisee allowed to assign their rights to use the trademarks?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
- E.
You shall not assign, pledge, mortgage, or otherwise encumber your rights to use any of the Trademarks.
- F.
You shall not use any of the Trademarks as part of your corporate or other name.
You shall comply with our instructions, and shall execute any documents deemed necessary by us, or our counsel, in filing and maintaining any requisite trade name or fictitious name registrations in connection with the Trademarks.
- G.
You shall immediately notify us of any (i) infringement of the Trademarks or challenge to the use of any thereof or (ii) claim by any person of any rights in or to any of the Trademarks.
You and each Principal Owner shall not communicate with any person except us or our counsel in connection with any such infringement, challenge, or claim.
We, in our sole discretion, may take such action as we deem appropriate, and shall exclusively control any litigation or proceeding arising from any infringement, challenge, or claim or otherwise relating to any of the Trademarks.
You shall execute any and all instruments and documents, render such assistance and do such acts and things as may, in our opinion or in the opinion of our counsel, be necessary or advisable in any such litigation or proceeding or to otherwise protect or maintain our rights and interest in the Trademarks.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to the 2025 Franchise Disclosure Document, a Beyond Juicery Eatery franchisee is explicitly prohibited from assigning their rights to use the trademarks associated with the franchise. The document states that franchisees cannot assign, pledge, mortgage, or otherwise encumber their rights to use any of the trademarks. This restriction is in place to protect the integrity and consistency of the brand. Franchisees are also barred from using any of the trademarks as part of their corporate or other name. They must comply with Beyond Juicery Eatery's instructions and execute any documents necessary for maintaining trade name or fictitious name registrations related to the trademarks.
Beyond Juicery Eatery maintains control over any legal actions related to the trademarks. Franchisees are required to notify Beyond Juicery Eatery immediately of any infringement or challenges to the use of the trademarks. The franchisor has the sole discretion to take action and control any litigation arising from such issues. Franchisees must cooperate and assist in protecting Beyond Juicery Eatery's rights and interests in the trademarks.
These stipulations ensure that Beyond Juicery Eatery maintains uniform brand standards and quality control across all franchise locations. By preventing franchisees from independently managing or transferring trademark rights, Beyond Juicery Eatery can safeguard its brand reputation and ensure consistent customer experiences. This is a common practice in franchising, where brand consistency is crucial for success.