What constitutes an infringement of Big Apple Bagels' rights in the Marks by the franchisee?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
Under the Franchise Agreement, you acknowledge that your right to use the Marks is derived solely from the Franchise Agreement and is limited to the operation of the Store under and in compliance with the Franchise Agreement and all applicable standards and operating procedures prescribed by BAB from time to time. Any unauthorized use of the Marks by you constitutes an infringement of BAB's rights in and to the Marks. You agree that your use of the Marks and any good will established thereby inure to the exclusive benefit of BAB, and you acknowledge that the Franchise Agreement does not confer any good will or other interests in the Marks upon you. You may not any time during the Franchise Agreement or after its termination or expiration, contest the validity of ownership of any of the marks or assist any others in contesting the validity or ownership of any of the Marks.
You specifically agree to use the Marks as the sole identification of the Store, but you must identify yourself as the independent owner in the manner prescribed by BAB. You may not use any mark as part of any corporate or trade name or with any prefix, suffix or other modifying words, nicknames, terms, designs or symbols, or in any modified form (including, without limitation, any local or special adaptations or artistic variations of any of the Marks), nor may you use any Mark in connection with the sale of any unauthorized product or service or in any other manner not expressly authorized in writing by BAB. You agree not to register the Marks on the Internet or any other electronic service, including Social Media and mobile marketing applications, or use or register the Marks on the Internet in any other manner. You are strictly prohibited from creating or maintaining a website for your Store, or a website that uses BAB's Marks. BAB has the sole right to create, establish, own, and control the website for your Store. You agree to display the Marks prominently and in the manner prescribed by BAB on signs, forms, and other materials and articles. Further, you agree to give such notices of trademark or service mark ownership or registration and copyrights as BAB specifies and to obtain such fictitious or assumed name registrations as may be required under applicable law. Any and all uses of the Marks will be subject to BAB's prior written approval, and a request for such approval will include such information and samples as BAB may require. You may not use the name "Big Apple Bagels," "BAB," or a derivative of those names in your corporate or other formal name.
Source: Item 13 — TRADEMARKS (FDD pages 57–64)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, a franchisee's unauthorized use of the Marks constitutes an infringement of Big Apple Bagels' rights. The franchisee's right to use the Marks is derived solely from the Franchise Agreement and is specifically limited to operating the store in compliance with the Franchise Agreement and all standards and operating procedures that Big Apple Bagels prescribes.
Specifically, the franchisee must use the Marks as the sole identification of the store, while identifying themselves as the independent owner in the manner Big Apple Bagels prescribes. Franchisees cannot use any mark as part of any corporate or trade name or with any prefix, suffix or other modifying words, nicknames, terms, designs or symbols, or in any modified form. They also cannot use any Mark in connection with the sale of any unauthorized product or service or in any other manner not expressly authorized in writing by Big Apple Bagels.
Furthermore, franchisees are prohibited from registering the Marks on the Internet or any other electronic service, including Social Media and mobile marketing applications, or using or registering the Marks on the Internet in any other manner. Franchisees are strictly prohibited from creating or maintaining a website for their store, or a website that uses Big Apple Bagels' Marks, as Big Apple Bagels has the sole right to create, establish, own, and control the website for the store. Any and all uses of the Marks will be subject to Big Apple Bagels' prior written approval.