Can a Burros Fries franchisee advertise the franchise business in connection with another business?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
With respect to Franchisee's franchised use of Burros & Fries Franchise, Inc.'s Names and Marks pursuant to this Agreement, Franchisee agrees that:
- Franchisee shall use only the Names and Marks as are approved in writing by us for Franchisee's use, and shall use them only in the manner authorized and permitted by us and that in any use whatsoever of the Names and Marks of ours that the Names and Marks are identified as being registered to or owned by Burros & Fries Franchise, Inc., with exclusive rights give to us;
Franchisee shall 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;
Franchisee shall use and display, as we may require in the operation of the Business, a notice in the form approved by us indicating that Franchisee is a "Franchise of Burros & Fries" and that the Names and Marks are used by Franchisee under such Franchise.
Franchisee must indicate to third parties that it is "independently owned and operated" and that we own the Marks and Franchisee uses them under a license;
Unless otherwise authorized or required by us, Franchisee shall operate and advertise the Business under the Name and Mark "Burros & Fries";
Franchisee's right to use the Names and Marks is limited to such usages as are authorized under this Agreement, and any unauthorized use shall constitute an infringement of our rights and a material breach of this Agreement;
Franchisee must obtain our approval for any use of any item of printed material of any kind bearing any of the Names or Marks, unless we supplied the item.
We shall approve or deny Franchisee's request, which approval is in our sole discretion, within thirty (30) days of receipt of Franchisee's written request.
If we fail to respond to Franchisee's request within said thirty (30) day period, Franchisee's request shall be deemed denied.
Franchisee shall use such notices of Trademark registrations and copyrights as we specify.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, a franchisee's ability to advertise their Burros Fries business in conjunction with another business is restricted. 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 can only use the Names and Marks 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.
Burros Fries retains the right to develop or become associated with concepts other than the Business franchised, including dual branding and/or other franchise systems, and award franchises under such other concepts for businesses located and/or operating anywhere. However, the franchisee does not have these same rights unless approved by Burros Fries.
These stipulations ensure that the Burros Fries brand is consistently and uniformly presented. Any unauthorized use of the Names and Marks constitutes an infringement of Burros Fries' rights and a material breach of the Franchise Agreement. Franchisees must obtain approval for any use of printed material bearing any of the Names or Marks, unless the items were supplied by Burros Fries. This approval is at Burros Fries' sole discretion.