Is a Big Blue Swim School franchisee permitted to use a name similar to the Big Blue Swim School name?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
Upon termination or expiration of this Agreement, you must de-identify the School in compliance with this Section 20.B and as we reasonably require. De-identification includes, but is not limited to, taking the following actions:
- (1) beginning immediately upon the effective date of termination or expiration, you and your owners may not directly or indirectly at any time afterward or in any manner (except in connection with other BIG BLUE Swim Schools you or they own and operate): (a) identify yourself or themselves in any business as a current or former BIG BLUE Swim School or as one of our current or former franchisees; (b) use any Mark, any colorable imitation of a Mark, any trademark, service mark, or commercial symbol that is confusingly similar to any Mark, any copyrighted items, or other indicia of a BIG BLUE Swim School for any purpose; or (c) use for any purpose any trade dress, trade name, trademark, service mark, or other commercial symbol suggesting or indicating a connection or association with us.
- (2) immediately upon the effective date of termination or expiration, you must take the action required to cancel all fictitious or assumed name or equivalent registrations relating to your use of any Mark;
- (3) if we do not exercise the option under Section 20.G below, you must at your own cost, and without any payment from us for such items, destroy all signs, Marketing Materials, forms, and other materials containing any Mark within twenty (20) days after the De-identification Date (defined below). If you fail to do so voluntarily, we and our representatives may enter the School at our convenience and remove these items without liability to you, the landlord, or any other third party for trespass or any other claim. You must reimburse our costs of doing so. (Notwithstanding the above, you may after the Deidentification Date sell these branded items to another BIG BLUE Swim School franchisee.);
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to the 2025 FDD, a Big Blue Swim School franchisee is not permitted to use a name similar to the Big Blue Swim School name, especially after the franchise agreement terminates or expires. The franchisee must "de-identify" their school to remove any association with the Big Blue Swim School brand.
Specifically, the franchisee cannot identify themselves as a current or former Big Blue Swim School, use any confusingly similar trademarks or service marks, or use any trade dress or commercial symbols that suggest a connection with Big Blue Swim School. This restriction applies to the franchisee and their owners, preventing them from using similar branding in any business, except for other Big Blue Swim Schools they might own and operate.
Moreover, the franchisee is required to cancel any assumed name registrations related to the use of Big Blue Swim School's marks. They must also destroy all signs, marketing materials, and forms containing any of Big Blue Swim School's marks at their own expense, unless Big Blue Swim School chooses to purchase these items or the franchisee sells them to another Big Blue Swim School franchisee. These measures ensure a clear separation between the franchisee's operations and the Big Blue Swim School brand, protecting the brand's identity and reputation.