After the termination or expiration of a Browns Chicken franchise, what is the franchisee prohibited from doing regarding identifying themselves with the brand?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees that after the termination or expiration of the Franchise he will: (1) not directly or indirectly at any time or in any manner identify himself or any business as a current or former BROWN'S Store, or as a franchisee or licensee of or as otherwise associated with Brown, or use any Mark or any colorable imitation thereof in any manner or for any purpose, or utilize for any purpose any trade name, trademark or service mark or other commercial symbol that suggests or indicates a connection or association with Brown; (2) remove all signs containing any Mark and return to Brown or destroy all menus and other forms and materials containing any Mark or otherwise identifying or relating to a BROWN'S Store; (3) remove all Marks affixed to uniforms and/or, at Brown's direction, cease to use such uniforms; (4) take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to his use of any Mark; (5) change the telephone number of the Store and instruct all telephone directory publishers to modify all telephone directory listings of the Store associated with any Marks when the directories are next published, or, at Brown's option, assign the telephone number to Brown or its designee; and (6) furnish to Brown, within thirty (30) days after the effective date of termination or expiration, evidence satisfactory to Brown of Franchisee's compliance with the foregoing obligations.
Franchisee acknowledges that as between Brown and Franchisee, Brown has the sole rights to and interest in all telephone numbers and directory listings associated with any Mark or the Store, and Franchisee authorizes Brown, and hereby appoints Brown its attorney in fact, to direct the telephone company and all listing agencies to transfer same to Brown or its designee, should Franchisee fail or refuse to do so, and the telephone company and all listing agencies may accept such direction or this Agreement, as conclusive of the exclusive rights of Brown in such telephone numbers and directory listings and its authority to direct their transfer.
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to Browns Chicken's 2025 Franchise Disclosure Document, after the termination or expiration of a franchise, the franchisee is prohibited from identifying themselves or their business as a current or former Browns Chicken store, or as a franchisee or licensee of, or as otherwise associated with Browns Chicken. They also cannot use any mark or any imitation of a mark, or utilize any trade name, trademark, service mark, or other commercial symbol that suggests a connection with Browns Chicken.
Specifically, the franchisee must remove all signs containing any mark and return to Browns Chicken or destroy all menus and other forms and materials containing any mark or otherwise identifying or relating to a Browns Chicken store. They must also remove all marks affixed to uniforms and/or, at Browns Chicken's direction, cease to use such uniforms. The franchisee is required to take action to cancel all fictitious or assumed names relating to the use of any mark.
Furthermore, the franchisee must change the telephone number of the store and instruct all telephone directory publishers to modify all telephone directory listings of the store associated with any marks when the directories are next published, or, at Browns Chicken's option, assign the telephone number to Browns Chicken or its designee. The franchisee must furnish to Browns Chicken, within thirty days after the effective date of termination or expiration, evidence satisfactory to Browns Chicken of the franchisee's compliance with these obligations. Browns Chicken retains sole rights to all telephone numbers and directory listings associated with any mark or the store.