Does Beyond Juicery Eatery have the right to use parts of the System in connection with Other Concepts?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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 the 2025 FDD, Beyond Juicery Eatery retains specific rights regarding the use of its trademarks and system. The franchise agreement stipulates that Beyond Juicery Eatery has the right to develop and establish "Other Concepts" using its trademarks or other names and marks, and to grant licenses for these concepts without providing any rights to the franchisee. This means that Beyond Juicery Eatery can create entirely new business models or franchise systems that utilize the existing trademarks without the franchisee having any claim to those new ventures.
Furthermore, Beyond Juicery Eatery retains the right to engage in the production, distribution, licensing, and sale of products and services under its trademarks or other names and marks, and to use any trademarks, trade names, service marks, logos, and other identifying characteristics it develops. This includes the right to engage in such activities directly or indirectly, at wholesale or retail levels. This provision ensures that Beyond Juicery Eatery maintains control over its brand and can expand into different markets or product lines without being restricted by the rights granted to franchisees.
For a prospective franchisee, this means that while they are granted a license to use the trademarks and operate under the Beyond Juicery Eatery system for their specific restaurant, they do not have any rights to the broader use of the trademarks or system by the franchisor. Beyond Juicery Eatery can create competing or complementary businesses using the same trademarks, and the franchisee will not have any ownership or control over those ventures. This is a standard practice in franchising, where the franchisor retains control over the brand and its expansion, but it is important for franchisees to understand the scope of their rights and limitations.