After termination or expiration of the Brueggers Bagels Development Agreement, what kind of imitations of Proprietary Marks or Works am I prohibited from using?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 18.1.5. Not use any reproduction, counterfeit, copy, or colorable imitation of the Proprietary Marks or the Works in connection with any other business which, in our sole discretion, is likely to cause confusion, mistake, or deception or to dilute our and our affiliates' rights in and to the Proprietary Marks and the Works.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to the 2025 Brueggers Bagels Franchise Disclosure Document, after the termination or expiration of the Development Agreement, a franchisee cannot use any reproduction, counterfeit, copy, or colorable imitation of the Proprietary Marks or the Works. This restriction applies to any other business that Brueggers Bagels believes is likely to cause confusion, mistake, or deception, or that could dilute their rights to the Proprietary Marks and the Works.
In practical terms, this means a former Brueggers Bagels franchisee is barred from using anything that closely resembles the brand's trademarks, service marks, logos, or copyrighted materials. This includes not only exact copies but also anything that could be mistaken for the Brueggers Bagels brand by consumers. The aim is to prevent any unfair competition or consumer confusion that could arise if a former franchisee were to operate a similar business using similar branding.
This provision protects Brueggers Bagels' brand identity and goodwill. For a prospective franchisee, this underscores the importance of understanding the restrictions that come into effect after the agreement ends. It prevents a franchisee from leveraging the brand's recognition for their own benefit after the franchise relationship concludes, ensuring that the Brueggers Bagels brand remains exclusive and protected.