After termination of a Carbones Pizzeria franchise, what names and marks must the franchisee cease using?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
Upon termination of this Agreement for any reason whatsoever, all rights and privileges granted by Franchisor hereunder shall immediately terminate, and in such event, Franchisee shall immediately pay to Franchisor all moneys owed to Franchisor, regardless of when due, without offset or reduction of any kind whatsoever. Furthermore, Franchisee shall immediately cease to use, by advertising or otherwise, the names "Carbone's Pizzeria" or "Carbone's Pizza" and any and all other of the Names and Marks. Franchisee shall immediately return to Franchisor all forms, advertising matter, bulletins, procedures, recipes, the Manual and any other manuals provided to Franchisee, and not retain any copies thereof. Franchisee shall in every manner otherwise refrain from performing any act or thing that would indicate that Franchisee is a franchisee of Franchisor. Upon termination for whatever reason, Franchisor shall be free, without any obligations whatsoever to Franchisee, to resell the franchise herein upon such terms and conditions as Franchisor shall desire, and Franchisor shall receive all proceeds of such a sale. Franchisor shall have the right, at the option of Franchisor, to purchase all inventory and usable merchandise identified with the Names and Marks, all of which may be repurchased by Franchisor at the fair wholesale market value thereof. Franchisee agrees that Franchisor may be irreparably harmed in a manner not readily compensated by money damages by any violation by Franchisee of the provisions of this Section, and accordingly Franchisor shall be entitled to injunctive relief from a court of competent jurisdiction to enforce the obligations of Franchisee hereunder, in addition to any other rights Franchisor may have at law or in equity under this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 30–116)
What This Means (2025 FDD)
According to the 2025 Carbones Pizzeria Franchise Disclosure Document, upon termination of the franchise agreement for any reason, a franchisee must immediately stop using the names "Carbone's Pizzeria" or "Carbone's Pizza", as well as any and all other Names and Marks associated with the franchise. This includes ceasing all advertising or any other use of these names and marks.
This provision is standard in most franchise agreements to protect the franchisor's brand identity and goodwill. By preventing a former franchisee from using the brand's names and marks, Carbones Pizzeria ensures that consumers are not confused or misled into thinking the terminated franchise is still part of the Carbones Pizzeria system. This helps maintain consistency and quality control across all active franchise locations.
Furthermore, the franchisee is also required to return all forms, advertising materials, bulletins, procedures, recipes, the Manual, and any other manuals provided by Carbones Pizzeria, and must not retain any copies. This ensures that the former franchisee does not continue to operate using Carbones Pizzeria's proprietary information and systems, which could further dilute the brand's value and create unfair competition.