What does Buona consider the use of its marks outside the scope of the franchise agreement?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee acknowledges that the use of the Marks outside the scope of this Agreement, without Franchisor's prior written consent, is an infringement of Franchisor's and Franchisor's affiliate's exclusive right to use the Marks.
During the Term and after the expiration or termination of this Agreement, Franchisee covenants not to, directly or indirectly, commit an act of infringement or contest or aid in contesting the validity of ownership of the Marks, or take any other action in derogation of Franchisor's ownership of the Mars.
Source: Item 23 — RECEIPTS (FDD pages 78–356)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, using the brand's marks without prior written consent outside the bounds of the franchise agreement constitutes an infringement on Buona's exclusive rights. This means a franchisee can only use Buona's trademarks and logos in the specific ways outlined in the agreement.
This restriction extends both during the term of the franchise agreement and even after it expires or is terminated. A franchisee is prohibited from infringing on the marks, contesting their validity, or taking any action that undermines Buona's ownership of its trademarks. This is a standard clause in franchise agreements to protect the brand's intellectual property.
For a prospective Buona franchisee, this means understanding and strictly adhering to the guidelines for using the Buona name, logos, and other trademarks. Any deviation from these guidelines, such as using the marks in an unauthorized manner or context, could lead to legal action from Buona. It is crucial to obtain written consent from Buona for any use of the marks that falls outside the explicitly permitted scope of the franchise agreement.