What are some of the incontestable U.S. Reg. Nos. for the MARGARITAVILLE trademark owned by Margaritaville Enterprises that relate to hotels and resort hotels?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
The registration identified at #1 above covers "providing campground facilities", in International Class 43. The registrations identified at #2 and #3 above cover "resort lodging services", in International Class 43.
Margaritaville Enterprises owns multiple federal trademark registrations for the MARGARITAVILLE trademark, including without limitation, incontestable U.S. Reg. Nos. 3855017 and 4135785, for hotels and resort hotels, respectively.
Margaritaville Enterprises granted us the rights to use and sublicense the Camp Margaritaville Intellectual Property under a trademark license agreement dated January 14, 2019 ("Trademark License Agreement"). The Trademark License Agreement has a term concurrent with the termination or expiration of the last sub-license or franchise agreement to a developer/operator of a Camp Margaritaville Resort. So long as the term of any such sub-license or franchise agreement is in effect, the Trademark License Agreement may not be terminated and a party's remedy for breach shall be limited to monetary damages and equitable remedies (excluding termination).
Source: Item 13 — TRADEMARKS (FDD pages 57–59)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, Margaritaville Enterprises owns incontestable U.S. Reg. Nos. 3855017 and 4135785 for the MARGARITAVILLE trademark, specifically covering hotels and resort hotels, respectively. This means that Margaritaville Enterprises has strong legal protection for these trademarks in relation to these services.
For a prospective Camp Margaritaville franchisee, this information is relevant because it confirms that the MARGARITAVILLE brand, which Camp Margaritaville is affiliated with, has secured its trademarks for hotel and resort services. This can provide a level of assurance that the brand is well-established and legally protected in the hospitality sector. The franchisee can leverage the strength and recognition of these trademarks in operating their Camp Margaritaville Resort.
It's important to note that while Camp Margaritaville is granted rights to use the MARGARITAVILLE Intellectual Property through a trademark license agreement, the franchisee does not gain ownership of these trademarks. The franchisee's use of the trademarks is subject to the terms of the Franchise Agreement, and they cannot register or challenge the trademarks. This arrangement is typical in franchising, where the franchisor retains ownership and control of the brand's intellectual property, while granting franchisees the right to use it under specific conditions.
Furthermore, the FDD mentions a security interest granted to HPS Investment Partners, LLC, related to the Camp Margaritaville Intellectual Property. However, Camp Margaritaville will provide a non-disturbance certificate from HPS Investment Partners, LLC, within 30 days of signing the Franchise Agreement, which should protect the franchisee's right to use the trademarks. Overall, the trademark information suggests a legally sound brand foundation for Camp Margaritaville, but franchisees should carefully review the Franchise Agreement and related documents to understand the full scope of their rights and obligations regarding trademark use.