What constitutes a material breach of the Burros Fries franchise agreement regarding Names and Marks?

According to the 2024 Burros Fries Franchise Disclosure Document, a franchisee's unauthorized use of the brand's Names and Marks constitutes a material breach of the franchise agreement. Specifically, the franchisee is only authorized to use the Names and Marks as approved in writing by Burros Fries and in the manner they authorize. Any deviation from this approved usage is considered an infringement of their rights.

This means a Burros Fries franchisee must adhere strictly to the franchisor's guidelines regarding the use of trademarks, logos, and other brand identifiers. This includes using 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. The franchisee must also display a notice indicating that they are a "Franchise of Burros & Fries" and that the Names and Marks are used under such franchise.

Furthermore, the franchisee must operate and advertise the Business under the Name and Mark "Burros & Fries" unless otherwise authorized or required by Burros Fries. The franchisee must also obtain approval for any use of any item of printed material of any kind bearing any of the Names or Marks, unless the franchisor supplied the item. This approval process requires the franchisor to respond to the franchisee's written request within thirty (30) days, and failure to respond within this period is deemed a denial. These stipulations are in place to protect the brand's identity and ensure consistent representation across all franchise locations.