What constitutes an infringement of Burros Fries' rights regarding the Names and Marks?

According to Burros Fries' 2024 Franchise Disclosure Document, a franchisee's unauthorized use of the brand's Names and Marks constitutes an infringement of Burros Fries' rights and a material breach of the Franchise Agreement.

Specifically, franchisees are only permitted to use the Names and Marks that Burros Fries approves in writing and only in the manner authorized by them. The Names and Marks must be identified as registered to or owned by Burros & Fries Franchise, Inc. Franchisees must use the Names and Marks only in connection with the operation of the Business and in advertising for the Business conducted at or from the Franchisee's web page and Accepted Location. Franchisees must also indicate to third parties that it is "independently owned and operated" and that Burros Fries owns the Marks and Franchisee uses them under a license. Unless otherwise authorized or required by Burros Fries, Franchisee shall operate and advertise the Business under the Name and Mark "Burros & Fries".

Furthermore, franchisees must obtain Burros Fries' approval for any use of any item of printed material of any kind bearing any of the Names or Marks, unless Burros Fries supplied the item. Burros Fries will approve or deny Franchisee's request, which approval is in their sole discretion, within thirty (30) days of receipt of Franchisee's written request. If Burros Fries fails to respond to Franchisee's request within said thirty (30) day period, Franchisee's request shall be deemed denied. Franchisees shall use such notices of Trademark registrations and copyrights as Burros Fries specifies.