What is considered an unauthorized use of the Names and Marks by a Burros Fries franchisee?

According to the 2024 Burros Fries Franchise Disclosure Document, a franchisee's right to use the Burros & Fries Names and Marks is specifically limited to the usages authorized within the Franchise Agreement. Any use of the Names and Marks outside of what is explicitly authorized constitutes an infringement of Burros Fries' rights and a material breach of the agreement.

This means a Burros Fries franchisee must adhere strictly to the guidelines provided by Burros Fries regarding how and where the Names and Marks are used. This includes advertising materials, signage, and any other representation of the brand. The franchisee must also obtain approval from Burros Fries for any printed material bearing the Names or Marks, unless the item is supplied by Burros Fries itself. Failure to obtain this approval or using the Names and Marks in an unapproved manner would be considered an unauthorized use.

Furthermore, upon termination or expiration of the Franchise Agreement, the franchisee must immediately and permanently cease all use of the Names and Marks. This includes refraining from using any signage, advertising materials, or other items that display the Names and Marks. The franchisee is also obligated to make changes to signage and structures to effectively distinguish the business from its former appearance as a Burros Fries franchise. This ensures that the franchisee does not continue to benefit from the Burros Fries brand after the agreement has ended and prevents confusion among customers.