How does Black Bear Diner control the use and display of its Marks?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
ll, in addition to any other remedies, have the right to obtain an injunction from a court of competent authority prohibiting Franchisee from opening the Franchised Restaurant.
5.4 Décor Package; Carved Bear Package
Franchisee agrees that Franchisor, Franchisee and other Black Bear Diner franchisees will benefit from the maintenance of reasonable standards for appearance and trade dress including prominent display of the Marks and the distinctive black bear trade dress. The Approved Location and the Franchised Restaurant will conform to all specifications for decor, furniture, fixtures, equipment, exterior and interior decorating designs and color schemes established by the Franchisor. The Franchisee will obtain and pay for the decor, furniture, fixtures, equipment, exterior and interior decorating designs and color schemes, inventory and supplies specified by the Manual or otherwise in writing by the Franchisor used by the Franchisee for the operation of its Black Bear Diner restaurant. All decor, furniture, fixtures, equipment, exterior and interior decorating designs and color schemes used in the Franchisee's Black Bear Diner restaurant must be installed and located in accordance with the floor plans approved by the Franchisor, and must conform to the quality standards and uniformity requirements established by the Franchisor. Franchisee agrees to purchase from Franchisor's designated supplier, which may include Franchisor or its affiliates, certain items necessary for the interior decoration of the Franchised Restaurant ("Décor Package") consisting of decorations including framed bear posters, photographs of local historical sites, photographs of local school activities, wallpaper featuring the black bear theme and other related items. A complete list of items included in the Décor Package is included in Exhibit B to this Agreement. In addition, Franchisee agrees to purchase from Franchisor's designated supplier, which may include Franchisor or its affiliates certain wood bear images featuring a rustic hand-carved of bears in various settings ("Carved Bear Package"). A complete list of the items included in the Carved Bear Package is included in Exhibit C to this Agreement.
5.5 Pre-conditions to Opening; Opening Deadline
Franchisee expressly acknowledges and agrees that a pre-condition to opening the Black Bear Diner restaurant shall be the Franchisor's written authorization to open, which authorization shall be given only upon Franchisee's completing, to Franchisor's satisfaction, (i) construction, renovation and remodeling of the Approved Location and Franchised Restaurant and (ii) training as required by Section 8 of this Agreement. In an effort to obtain Franchisor's authorization to open and begin operation of the Franchised Restaurant, Franchisee agrees to notify Franchisor on such
form as Franchisor may prescribe verifying that all pre-opening obligations have been completed in compliance with this Agreement.
Source: Item 23 — RECEIPT (FDD pages 56–243)
What This Means (2025 FDD)
According to the 2025 Black Bear Diner Franchise Disclosure Document, Black Bear Diner maintains control over the use and display of its Marks through several stipulations in the franchise agreement. The franchisee must adhere to the franchisor's standards for appearance and trade dress, including prominently displaying the Marks and the distinctive black bear trade dress. The franchisee is responsible for ensuring that the restaurant conforms to the specifications for decor, furniture, fixtures, equipment, and color schemes as established by Black Bear Diner.
To ensure uniformity and quality, the franchisee is required to purchase a Décor Package and a Carved Bear Package from Black Bear Diner's designated suppliers, which may include Black Bear Diner or its affiliates. These packages include specific decorations such as framed bear posters, photographs of local historical sites and school activities, and wallpaper featuring the black bear theme, as well as rustic hand-carved bear images. The franchisee must install all decor items according to the floor plans approved by Black Bear Diner.
Black Bear Diner also retains rights regarding the franchisee's website or web page and any intranet/extranet system. The franchisee's conduct on these platforms, specifically the use of the Marks or any advertising, is subject to the franchise agreement. Black Bear Diner reserves the right to approve any message a franchisee composes for social media or commentary for other websites before it is posted, and can also require the franchisee to cease posting on any social media website in connection with Black Bear Diner, the Marks, or the System. These measures ensure that the brand's image and Marks are consistently and appropriately used across all locations and platforms.