What is defined as 'Trade Dress' that a former Buona franchisee must remove after termination?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) In the event Franchisee continues to operate or subsequently begins to operate a restaurant or other business, Franchisee shall not use any reproduction, counterfeit, copy, or colorable imitation of the Marks in conjunction with such other business which is likely to cause confusion or mistake or to deceive, and further agrees to remove all unique markings, colors, décor, Marks and other features ("Trade Dress") that identify the Franchised Business as a former Buona Business, and otherwise take all necessary steps to disassociate itself from the System and Franchisor, including but not limited to, the removal of signs and all Trade Dress from the premises of the Franchised Business and destruction of printed materials.
Source: Item 23 — RECEIPTS (FDD pages 78–356)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, upon termination of the franchise agreement, a franchisee must remove all features that identify the business as a former Buona location. This includes specific elements defined as "Trade Dress".
Trade Dress encompasses all unique markings, colors, décor, and other features that identify the Franchised Business as a former Buona Business. The franchisee must take all necessary steps to disassociate from the Buona system. This includes removing signs and all Trade Dress from the premises and destroying printed materials.
This requirement ensures that the public is not confused or misled into thinking the terminated franchise is still associated with the Buona brand. It protects Buona's brand identity and prevents any potential damage to its reputation that could arise from a former franchisee operating under similar branding without adhering to Buona's standards. This is a standard practice in franchising to maintain brand consistency and protect the franchisor's intellectual property.