Can a Black Bear Diner franchisee register a domain name containing any of the Marks separately?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee may not separately register any domain name containing any of the Marks, and may not have a website for the Franchised Restaurant other than a website or web page that may be developed as part of Franchisor's Website.
In addition, without Franchisor's prior written approval, Franchisee may not link or frame the Website, conduct any business or offer to sell or advertise any services or products on the internet (or any other existing or future form of electronic communication) or use any email address which Franchisor has not authorized for use in operating the Franchised Restaurant.
Source: Item 23 — RECEIPT (FDD pages 56–243)
What This Means (2025 FDD)
According to the 2025 Black Bear Diner Franchise Disclosure Document, franchisees are not allowed to register domain names that include any of Black Bear Diner's trademarks (the Marks) separately. The FDD specifies that franchisees cannot have a website for their restaurant, other than one developed as part of Black Bear Diner's main website.
This restriction ensures that Black Bear Diner maintains control over its brand identity and online presence. All online marketing efforts are intended to be centrally managed by the franchisor. This allows for consistent messaging and brand representation across all franchise locations.
Furthermore, franchisees need prior written approval from Black Bear Diner before linking or framing the company's website. They also cannot conduct business, offer to sell services or products, or advertise on the internet using unauthorized email addresses. These stipulations are in place to ensure that all online activities align with the franchisor's standards and protect the brand's reputation.
For a prospective franchisee, this means they must rely on Black Bear Diner's established website and marketing strategies for online promotion. They should discuss with the franchisor the possibilities for featuring their specific restaurant on the main website and understand the process for obtaining approval for any online marketing initiatives they wish to undertake.