What are some prohibited uses of the Proprietary Marks by a Caption By Hyatt franchisee?
Caption_By_Hyatt Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee may not use any Proprietary Mark (a) as part of any corporate or legal business name; (b) with any prefix, suffix, or other modifying words, terms, designs, or symbols (other than logos Hyatt licenses to Franchisee); (c) in providing or selling any unauthorized services or products; (d) as part of any domain name, homepage, meta tags, keyword, electronic address, or otherwise in connection with a website (unless Hyatt has approved such use in advance); or (e) in any other manner Hyatt has not expressly authorized in writing.
Franchisee (and, if applicable, any restaurant operators at the Hotel) may use the Proprietary Marks in connection with any Hotel restaurant operations only with Hyatt's prior written consent and in compliance with all System Standards relating thereto.
If Hyatt discovers Franchisee's unauthorized use of the Proprietary Marks, in addition to Hyatt's other rights and remedies under this Agreement and applicable law, Hyatt may require Franchisee to destroy (with no reimbursement from Hyatt) all offending items reflecting such unauthorized use.
Source: Item 22 — Contracts (FDD page 85)
What This Means (2025 FDD)
According to the 2025 FDD, a Caption By Hyatt franchisee faces several restrictions on using the Proprietary Marks. The franchisee must use the Proprietary Marks along with a Market Descriptor that Hyatt designates or approves, as the sole identification of the hotel. The Market Descriptor itself is not a Proprietary Mark, and Hyatt does not guarantee the franchisee's right to use any specific Market Descriptor, even if Hyatt initially approved it. Hyatt can require the franchisee to change or discontinue using a previously approved Market Descriptor and substitute it with an alternative.
The Caption By Hyatt franchisee cannot use any Proprietary Mark as part of their corporate or legal business name. They also cannot use it with any prefix, suffix, or other modifying words, terms, designs, or symbols, except for logos that Hyatt licenses to them. The Proprietary Marks cannot be used in providing or selling any unauthorized services or products, or as part of any domain name, homepage, meta tags, keyword, electronic address, or otherwise in connection with a website, unless Hyatt has approved such use in advance. Any other use of the Proprietary Marks must be expressly authorized by Hyatt in writing.
Furthermore, the Caption By Hyatt franchisee needs prior written consent from Hyatt to use the Proprietary Marks in connection with any hotel restaurant operations, and such use must comply with all System Standards. If Hyatt discovers unauthorized use of the Proprietary Marks, the franchisee may be required to destroy all offending items reflecting such unauthorized use, without any reimbursement from Hyatt. These restrictions are in place to protect the brand's image and ensure consistent representation across all Caption By Hyatt locations.