Under what conditions is a Bor Restoration franchisee permitted to use the Marks?
Bor_Restoration Franchise · 2024 FDDAnswer from 2024 FDD Document
hts as federally registered trademarks. If our right to use the trademarks is challenged, you may have to change to an alternative trademark, which may increase your expenses.
- e. We have licenses with our principal and our BOR IP Affiliate that permit us to sublicense these Marks to you.
- f. You have the right to use the Marks only as permitted under this Franchise Agreement and only for so long as you fully perform and comply with all of the conditions, terms, and covenants of this Franchise Agreement and our policies and procedures that we prescribe from time to time.
- g. You will not use any of the Marks as part of an electronic mail address or on any sites on the internet, and you will not use or register any of the Marks as part of a domain name.
- h. Any use of a Mark in advertising must be with our prior written approval as set forth in this Franchise Agreement and the Franchisee Manuals.
- i. You further agree to execute any additional documents and assurances reasonably requested by us in connection with our right to use the Mark, with our Affiliate's ownership of the Marks and with your use of the Marks and agree to fully cooperate with us or any of our other franchisees or licensees in securing all necessary and required consents of applicable Governmental Authorities.
6.3 Infringement
a. You will notify us in writing of any possible infringement on the Marks, any component of the System, and any part of the copyrighted materials or the illegal use by others of any Mark, any portion of the System, or any copyrighted materials that may be the same as, or confusingly similar to, that used by us.
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- b. You acknowledge that we have the right, in our sole discretion, to determine whether any action will be taken because of any possible infringement or illegal use of the Marks, the System, or the Proprietary Information. We may commence or prosecute such action in our name and may join you as a party to the action if we determine it to be reasonably necessary for the continued protection and quality control of the Marks and each component of the System. If you learn of a third party that you believe is not authorized to use the Marks or any variant of them, you must promptly notify us. We will determine whether we wish to take any action against the third party. You will have no right to make any demand of us and have no right to prosecute any claim against the alleged infringer. You must cooperate with us in any way necessary in the event of such an infringement.
- c. We have the right to control any administrative proceedings or litigation involving a Mark licensed by us to you. We must indemnify you for any action against you by a third party based solely on alleged infringement, unfair competition, or similar claims about the Marks. We have no obligation to defend or indemnify you if the claim against you related to your use of the Marks violates this Franchise Agreement.
6.4 Business Name
- a. You acknowledge that our principals, Affiliates, or we have a prior and superior claim to each portion of the Marks. You will not use the acronym "BOR," or "B.O.R," the phrase "Best Option," or any portion of the Mark in the legal name of its corporation, partnership, or any other business entity used in conducting the Business provided for in this Franchise Agreement. You also agree not to register or attempt to register a trade name using one of the acronyms or the above phrase in your name or that of any other Person without our prior written consent, which may be withheld for any reason or no reason. You may do business as "XYZ, LLC d/b/a BOR (or "B.O.R.") of ___________________ (city/county/area)" so long as this is only a "doing business as" or fictitious name and not part of the business entity name.
- b. You will not, without our express written permission, use our name, Marks, copyrighted information, or other Proprietary Information on any checks, employee records, employee applications, employee handbooks, or other items that are delivered to the employee.
6.5 Modification, Discontinuation, and Goodwill
- a.
Source: Item 23 — Receipts (FDD pages 40–202)
What This Means (2024 FDD)
According to Bor Restoration's 2024 Franchise Disclosure Document, a franchisee's right to use the Marks is contingent upon several conditions. Bor Restoration grants franchisees the right to use its Marks only as permitted within the Franchise Agreement. This right is further dependent on the franchisee's full performance and compliance with all terms, conditions, and covenants outlined in the Franchise Agreement, as well as adherence to Bor Restoration's policies and procedures, which may be updated periodically.
Bor Restoration also specifies certain restrictions on the use of its Marks. Franchisees are prohibited from using the Marks as part of an email address or on internet sites and cannot register the Marks as part of a domain name. Any advertising using the Marks requires Bor Restoration's prior written approval, as detailed in the Franchise Agreement and Franchisee Manuals. Franchisees must also execute additional documents and assurances related to the use of the Marks and cooperate with Bor Restoration and other franchisees or licensees to secure necessary consents from governmental authorities.
Furthermore, Bor Restoration emphasizes the protection of its Marks and Proprietary Information. Franchisees must adhere to security procedures to maintain the secrecy of the Marks and the System. They can only disclose this information to employees to the extent necessary for business operations. Franchisees are prohibited from contesting the validity of the Marks or interfering with Bor Restoration's or its other franchisees' use of the Marks. They also cannot use the Marks in any unauthorized business or manner without written approval from Bor Restoration.
Bor Restoration retains the right to modify or discontinue the use of any Marks, and franchisees must comply with these changes at their own expense. All goodwill associated with the Marks and the System benefits Bor Restoration exclusively. Any action by a franchisee that disparages or harms the goodwill associated with the Marks can result in immediate termination of the franchise rights without any opportunity to cure the issue. These stipulations ensure Bor Restoration maintains control over its brand and protects its reputation.