What is the definition of 'Trade Dress' in the context of a terminated Buona franchise agreement?
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, 'Trade Dress' refers to the unique markings, colors, décor, Marks and other features that identify a franchised business as a former Buona Business.
Upon termination of a Buona franchise, the franchisee must remove all elements of the Trade Dress to disassociate themselves from the Buona system. This includes removing signs and all Trade Dress from the premises and destroying printed materials.
This requirement ensures that a former franchisee does not create confusion among customers or misrepresent their business as still being affiliated with Buona. It protects Buona's brand identity and prevents unauthorized use of its established image and design elements.
Failure to comply with these post-termination obligations could result in legal action by Buona to enforce its trademark rights and protect its brand.