What law governs disputes over the Beyond Juicery Eatery Marks?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise Agreement | Summary |
|---|---|---|
| p. Death or disability of franchisee | Section 13 | After the death or incapacity of an owner of the franchise, his or her |
| representative must transfer, subject to the terms of the Franchise | ||
| Agreement, the individual’s interest in the franchise within one year of | ||
| death or incapacity or we may terminate the Franchise Agreement. | ||
| q. Non-competition covenants during the term of the franchise | Section 12 | You, your owners (and members of their families and households) and your officers, directors, executives, managers, professional staff, and employees are prohibited from soliciting employees; owning or operating a Competing Business or have any interest in a competing business. |
| r. Non-competition covenants after the franchise is terminated or expires | Section 16 | For 3 years after the termination or expiration of the Franchise Agreement, you, your owners (and members of their families and households) and your officers, directors, executives, managers or professional staff are prohibited from: owning or working for a Competing Business operating within 20 miles of the franchise location designated area or within 20 miles of any other Beyond Juicery + Eatery Restaurant designated area; or soliciting or influencing any of our customers, employees or business associates to compete with us or terminate their relationship with us. |
| s. Modification of the agreement | Section 25 | The Franchise Agreement can be modified only by written agreement |
| between you and us. We may modify the Confidential Operations | ||
| Manuals without your consent if the modification does not materially alter | ||
| your fundamental rights. | ||
| t. Integration/merger clause | Section 25 | Only the terms of the Franchise Agreement are binding. Any other |
| promises other than as set forth in this Franchise Disclosure Document are | ||
| not enforceable. | ||
| u. Dispute resolution by arbitration or mediation | Section 23 | Except for claims relating to the Trademarks, confidential information, trade secrets and covenants not to compete, and subject to state law, all disputes must be arbitrated in the county of our principal place of business. |
| v. Choice of forum | Section 23 | Subject to state law, any litigation must be pursued in courts located in the |
| county of our principal place of business at the time the action is filed. | ||
| w. Choice of law | Section 23 | Subject to state law, law of the state of Michigan applies, except that |
| disputes over the Marks will be governed by the United States Trademark | ||
| Act of |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 50–56)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, disputes regarding the brand's Marks are governed by a specific legal framework. The Franchise Agreement states that, while Michigan law generally applies, disputes concerning the Marks will be subject to the United States Trademark Act of 1946, also known as the Lanham Act (15 U.S.C. Sec. 1051 et seq.). This means that any legal issues related to Beyond Juicery Eatery's trademarks will be handled under federal trademark law rather than Michigan state law. Disputes over copyrights will be governed by federal copyright laws of the United States.
This is a fairly standard practice in franchising, as trademarks are federally registered and protected. Using the Lanham Act provides a consistent legal standard across all states where Beyond Juicery Eatery franchises operate. This ensures that trademark disputes are handled under a uniform body of law, regardless of the franchisee's location.
For a prospective franchisee, this means that if a dispute arises over the use or infringement of Beyond Juicery Eatery's trademarks, the case will be decided based on federal trademark law. Franchisees should familiarize themselves with the basics of trademark law and understand their rights and responsibilities regarding the use of the Beyond Juicery Eatery Marks. This includes proper usage of the logos, brand names, and other protected intellectual property. Understanding these regulations can help franchisees avoid potential legal issues and ensure they are operating within the bounds of the franchise agreement and federal law.