Can a Buff City Soap franchisee identify their business as a former Makery after termination?
Buff_City_Soap Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee may not directly or indirectly at any time or in any manner use any Mark, including any use of Marks in a derogatory, negative, or other inappropriate manner in any media, including, but not limited to, print or electronic media; use any colorable imitation of a Mark in any manner or for any purpose; utilize for any purpose any trade name, trade or service mark or other commercial symbol or other indicia that indicates or suggests a connection or association with Franchisor, the Makery or the Brand; identify any business as a former Makery; or identify itself as one of Franchisor's licensees or franchisees (except with respect to other Buff City Soap makeries Franchisee owns and operates under continuing agreements with Franchisor).
Franchisee will take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to its use of any Mark.
Source: Item 23 — Receipts (FDD pages 69–186)
What This Means (2025 FDD)
According to the 2025 Buff City Soap FDD, a franchisee is prohibited from identifying their business as a former Makery after the franchise agreement terminates. This restriction is part of the broader requirements related to the use of Buff City Soap's marks and brand identity.
Specifically, the FDD states that a franchisee cannot directly or indirectly use any Buff City Soap mark in any manner that could be seen as derogatory or inappropriate. More directly, the franchisee cannot "identify any business as a former Makery." This includes any form of media, whether print or electronic. The franchisee also cannot use any trade name, service mark, or commercial symbol that suggests an association with Buff City Soap after the agreement ends.
This provision ensures that upon termination, a former Buff City Soap franchisee completely dissociates from the brand to avoid any potential confusion or misrepresentation. This protects Buff City Soap's brand integrity and prevents the former franchisee from leveraging the brand's reputation for their own benefit after the agreement has ended. The franchisee must take active steps to cancel any assumed names or registrations that link them to the Buff City Soap brand.