Who has the exclusive right and interest in the Canine Dimensions marks?
Canine_Dimensions Franchise · 2025 FDDAnswer from 2025 FDD Document
- 7.3.2 As between the parties, Franchisor has the exclusive right and interest in and to the Marks and the goodwill associated with and symbolized by them. Franchisee's use of the Marks pursuant to this Agreement does not give Franchisee any ownership or other interest in or to the Marks, except the limited, non-exclusive license granted by this Agreement. Any and all goodwill arising from Franchisee's use of the Marks in its franchised operation under the System shall inure solely and exclusively to Franchisor's benefit, and upon expiration or termination of this Agreement and the license herein granted, no monetary amount shall be assigned as attributable to any goodwill associated with Franchisee's use of the System or the Marks.
Source: Item 22 — CONTRACTS (FDD page 36)
What This Means (2025 FDD)
According to Canine Dimensions's 2025 Franchise Disclosure Document, the franchisor, as between the parties, has the exclusive right and interest in and to the marks and the goodwill associated with and symbolized by them. The franchisee's use of the marks, as permitted by the franchise agreement, does not give the franchisee any ownership or other interest in or to the marks, except for the limited, non-exclusive license granted by the agreement.
This means that while a franchisee is authorized to use the Canine Dimensions marks to operate their franchise, they do not own the marks themselves. The goodwill generated through the franchisee's use of the marks benefits the franchisor exclusively. Upon termination or expiration of the franchise agreement, the franchisee's right to use the marks ceases, and no monetary value is assigned to any goodwill associated with the franchisee's use of the marks.
Canine Dimensions also retains the right to use the marks themselves, grant other licenses for the marks, and develop other systems using the same or similar marks without providing any rights to the franchisee. Furthermore, Canine Dimensions reserves the right to substitute different marks if the current ones can no longer be used or if the franchisor determines a substitution will benefit the system. Franchisees are not entitled to reimbursement for costs incurred due to any changes or substitutions of the marks.