Who has the right to control litigation involving Brueggers Bagels' Proprietary Marks or Works?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 10.3. Limitations on Use.
Your right to use the Proprietary Marks and the Works is limited to the uses we authorize under this Agreement and any unauthorized use will constitute an infringement of our rights.
Therefore, you agree to:
10.3.1. Use only the Proprietary Marks that we designate and use them only in the manner we authorize;
10.3.2. Use the Proprietary Marks and Works only for the operation of the Bakery and only at the Premises or in advertising for the Bakery
10.3.3. Operate and advertise the Bakery only under the names "Bruegger's" and "Bruegger's Bagels", and use all Proprietary Marks without prefix or suffix, and not use the Proprietary Marks as part of your corporate or legal name;
10.3.4. Ensure that all advertising and promotional materials, packaging, signs, decorations, websites, and other items that we may specify, bear the Proprietary Marks in the form, color, size, and location we prescribe;
10.3.5. Identify yourself as a licensee of the Proprietary Marks, and not the owner of Proprietary Marks in conjunction with any use of the Proprietary Marks, including but not limited to on invoices, order forms, receipts, check stock, payroll forms, business stationery, websites, email auto-signatures, and other electronic media, as well as at such conspicuous locations on the Premises;
10.3.6. Not use the Proprietary Marks to incur any obligation or indebtedness on behalf of us or our affiliates;
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Brueggers Bagels retains control over litigation involving its Proprietary Marks and Works. The franchise agreement stipulates that the franchisee's right to use Brueggers Bagels' Proprietary Marks and Works is limited to authorized uses only. Any unauthorized use by the franchisee constitutes an infringement of Brueggers Bagels' rights.
Specifically, franchisees must use only designated Proprietary Marks in the authorized manner, solely for the Bakery's operation at the designated premises or in its advertising. They must operate and advertise the Bakery under the names "Bruegger's" and "Bruegger's Bagels" without prefixes or suffixes and cannot use the Proprietary Marks as part of their corporate or legal name. All advertising and promotional materials must display the Proprietary Marks in the prescribed form, color, size, and location.
Furthermore, franchisees must identify themselves as licensees, not owners, of the Proprietary Marks in all uses, including on business documents and websites. They cannot use the Proprietary Marks to incur obligations on behalf of Brueggers Bagels. Upon termination or expiration of the franchise agreement, franchisees must cease using the Proprietary Marks and take necessary actions to cancel any related registrations. This ensures Brueggers Bagels maintains exclusive control over its brand and protects its intellectual property rights.