What specific actions constitute 'misuse' of the Marks that would cause a Canine Dimensions franchisee to be in default?
Canine_Dimensions Franchise · 2025 FDDAnswer from 2025 FDD Document
7.2.1 Franchisee will use only the Marks designated by Franchisor, and will use them only in the manner Franchisor authorizes and permits.
7.2.2 Franchisee will use the Marks only for the operation of the Franchised Business or in advertising for the Franchised Business.
Franchisor reserves the right to approve all signs, memos, stationery, business cards, advertising material, forms and all other objects and supplies using the Marks.
All advertising, publicity, point of sale materials, signs, decorations, furnishings, equipment, or other materials employing the words "Canine Dimensions" shall be in accordance with this Agreement and the Manual, and Franchisee shall obtain Franchisor's approval prior to such use.
7.2.3 Unless otherwise authorized or required by Franchisor, Franchisee will operate and advertise the Franchised Business only under the name "Canine Dimensions" without prefix or suffix.
7.2.4 During the Term and any successor agreement, Franchisee must identify itself as the owner of the Franchised Business in conjunction with any use of the Marks, including, but not limited to, on invoices, order forms, receipts, and contracts.
Franchisee must post a conspicuous notice on any documents used with Franchisee's customers and Associates that states: "EACH CANINE DIMENSIONS BUSINESS IS INDEPENDENTLY OWNED AND OPERATED" or any modification of this statement as Franchisor requires.
Franchisee must include this disclaimer on all business cards, stationery, promotional and advertising materials, website and Internet communications, real estate documents, and all other materials Franchisee uses.
In all public records, in relationships with other persons, and on letterhead and business forms, Franchisee must indicate its independent ownership of the Franchised Business and that Franchisee is solely a franchisee of Canine Dimensions Franchising, LLC.
7.2.5 Franchisee's right to use the Marks is limited to such uses as are authorized under this Agreement, and any unauthorized use of them will be considered infringement.
7.2.6 Franchisee must not use the Marks to incur any obligation or indebtedness on behalf of Franchisor.
7.2.7 Franchisee will not use the Marks as part of its Business Entity name.
7.2.8 Franchisee must comply with Franchisor's instructions in filing and maintaining a requisite trade name or fictitious name registration, and shall execute any documents deemed necessary by Franchisor or its counsel to obtain protection for the Marks or to maintain their continued validity and enforceability.
Source: Item 22 — CONTRACTS (FDD page 36)
What This Means (2025 FDD)
According to the 2025 Canine Dimensions Franchise Disclosure Document, a franchisee's right to use the Canine Dimensions marks is specifically limited to the uses authorized within the franchise agreement. Any unauthorized use of the marks is considered an infringement of the agreement.
Specifically, the franchisee must only use marks designated by Canine Dimensions and only in the manner that Canine Dimensions authorizes and permits. The marks can only be used for the operation of the franchised business or in advertising for the franchised business. Unless otherwise authorized or required, the franchisee must operate and advertise the franchised business only under the name "Canine Dimensions" without any additional prefixes or suffixes. During the term of the agreement, the franchisee must identify itself as the owner of the franchised business in conjunction with any use of the marks, including on invoices, order forms, receipts, and contracts.
The franchisee must post a conspicuous notice on any documents used with customers and associates stating that "EACH CANINE DIMENSIONS BUSINESS IS INDEPENDENTLY OWNED AND OPERATED" or any modification of this statement as Canine Dimensions requires. This disclaimer must be included on all business cards, stationery, promotional and advertising materials, website and Internet communications, real estate documents, and all other materials the franchisee uses. The franchisee cannot use the marks to incur any obligation or indebtedness on behalf of Canine Dimensions and will not use the marks as part of its Business Entity name. The franchisee must also comply with Canine Dimensions's instructions in filing and maintaining a requisite trade name or fictitious name registration, and shall execute any documents deemed necessary by Canine Dimensions to obtain protection for the Marks or to maintain their continued validity and enforceability.