What happens if a Browns Chicken franchisee uses the Marks in an unauthorized manner?

According to Browns Chicken's 2025 Franchise Disclosure Document, any unauthorized use of the Marks by a franchisee constitutes an infringement of Browns Chicken's rights to those Marks. The franchisee acknowledges that Browns Chicken owns the Marks and that their right to use them comes solely from the Franchise Agreement. All goodwill generated through the use of the Marks benefits Browns Chicken exclusively.

Browns Chicken outlines specific limitations on how a franchisee can use the Marks. A franchisee must adhere to Browns Chicken's rules regarding the Marks. Franchisees cannot use the Marks as part of a corporate name, with unauthorized modifications, in connection with unauthorized products/services, or as part of a domain name without explicit written authorization from Browns Chicken. Franchisees are also prohibited from registering the Marks on the internet or creating their own websites or social media using the Marks.

If a franchisee becomes aware of any infringement or challenges to the use of the Marks, they must immediately notify Browns Chicken. Browns Chicken has the sole discretion to take action and control any litigation related to the Marks. The franchisee must assist Browns Chicken in protecting its interests in any legal or administrative proceedings.

Unauthorized use of the Marks also constitutes a breach of the franchise agreement, which could lead to termination of the agreement. Specifically, making an unauthorized use of the Marks is listed as a cause for termination if the franchisee uses the Marks in an unauthorized manner.