What is a Carbones Pizzeria franchisee required to do if there is an infringement claim?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee, in the conduct of Franchisee's business, agrees to use only the name "Carbone's Pizzeria". Franchisee shall identify Franchisee's Restaurant as a member
of the Carbone's franchise system. Franchisee agrees that Franchisee will not include any of the Names and Marks in its corporate name nor make any use, direct or indirect, of the names "Carbone's Pizzeria", "Carbone's Pizza" or any other Name and Mark in connection with any other business, that Franchisee will not authorize or attempt to authorize the use of any of the foregoing in any other area and that Franchisee will not permit any other party to use any of the foregoing.
If it becomes advisable at any time in our sole discretion we can modify or discontinue the use of any name or mark and/or require the use of one or more additional or substitute names or
marks and you must do the same. You will bear all costs and expenses associated with the change or any addition.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 22–23)
What This Means (2025 FDD)
According to the 2025 FDD, Carbones Pizzeria franchisees agree to exclusively use the name "Carbone's Pizzeria" when conducting business and must identify their restaurant as part of the Carbone's franchise system. Franchisees cannot include any of the brand's names or marks in their corporate name, nor can they directly or indirectly use the names "Carbone's Pizzeria", "Carbone's Pizza", or any other name and mark in connection with any other business. They are also prohibited from authorizing or attempting to authorize the use of these names in any other area or allowing any other party to use them.
Additionally, the FDD states that if it becomes advisable at any time in Carbone's Pizzeria's sole discretion, they can modify or discontinue the use of any name or mark and/or require the use of one or more additional or substitute names or marks, and the franchisee must comply. The franchisee will bear all costs and expenses associated with any such change or addition.
While the FDD outlines the franchisee's responsibilities regarding the use of the Carbones Pizzeria name and what to do if the franchisor decides to change the name, it does not explicitly detail the procedures or requirements a franchisee must follow if there is an infringement claim against them. A prospective franchisee should seek clarification from Carbones Pizzeria regarding the specific steps to take and support provided in the event of an infringement claim.