Are Casiola franchisees required to use the Licensed Marks as instructed in writing?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
ill be offered by you through the Franchised Business.
ITEM 13 TRADEMARKS
Under the terms of the Franchise Agreement, you will be granted a license to use the "Casiola" trademark and those other marks identified in the table below in connection with the operations of the Franchised Business. Our affiliate Casiola Worldwide LLC is the owner of the Licensed Marks and has granted to us a license with an initial 20 year term and with automatic renewal thereafter to use the Licensed Marks and to license our franchisees to use the Licensed Marks (the "License Agreement"). Although the License Agreement may be terminated as a result of a breach of the License Agreement, in the event of any termination of the License Agreement, our franchisee will continue to maintain the right to use the Marks pursuant to the terms of their Franchise Agreement. Termination of the License Agreement does not terminate use of the Marks by our authorized franchisees. We reserve the right to supplement and modify the marks that you may or may not use in connection with the operations of your Casiola Business. You may only use the Licensed Marks as authorized by us in writing and under the terms of your Franchise Agreement. You may not use the Licensed Marks in the name of any Corporate Entity that you establish.
Principal Trademarks Registered with the United States Patent and Trademark Office
The principal trademarks identified in the schedule below are a part of the Licensed Marks, our System, are registered with the United States Patent and Trademark Office (the "USPTO") and, unless otherwise designated by us, will be used by you in the operations of the Franchised Business. As to these marks all required affidavits have been filed with the USPTO.
| Mark | USPTO Registration | Registration Type | Registration Date |
|---|---|---|---|
| Number | |||
| CASIOLA | 4623848 | Principal | October 21, 2014 |
| CASIOLA | 6057604 | Principal | May 19, 2020 |
| VACATION HOMES YOU'LL LOVE | 6046187 | Principal | May 5, 2020 |
| VACATION HOMES YOU'LL LOVE | 6046073 | Principal | May 5, 2020 |
| 5468104 | Principal | May 15, 2018 | |
| 6612422 | Principal | January 11, 2022 | |
| 6612416 | Principal | January 11, 2022 |
There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board and/or the trademark administrator in any state or any court; no pending infringement, opposition or cancellation proceedings; and no pending litigation involving the Licensed Marks. We know of no superior rights or infringing uses that could materially affect your use of the Licensed Marks or other related rights in any state.
Source: Item 13 — TRADEMARKS (FDD pages 32–34)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, franchisees are granted a license to use the "Casiola" trademark and other identified marks for their franchised business operations. However, this use is explicitly restricted. Casiola franchisees may only use the Licensed Marks as authorized in writing by Casiola and under the terms outlined in the Franchise Agreement. This means franchisees do not have complete autonomy in how they present the brand. They must adhere to specific guidelines provided by Casiola.
This requirement ensures brand consistency across all Casiola franchise locations, which is a common practice in franchising. By controlling the use of its trademarks, Casiola aims to maintain a uniform brand image and protect its intellectual property. This also allows Casiola to adapt the branding as needed, retaining the right to supplement and modify the marks used by franchisees.
Furthermore, Casiola will protect the franchisee's right to use the Licensed Marks against claims of infringement, provided the franchisee adheres to the Franchise Agreement, the manuals, and Casiola's written instructions. Casiola will also indemnify the franchisee against direct damages for trademark infringement arising from their use of the Licensed Marks, assuming the franchisee has followed all guidelines and promptly notified Casiola of any claims, giving Casiola sole control over the defense and settlement. This protection is conditional upon the franchisee's compliance with Casiola's instructions and the Franchise Agreement.
Should a third party establish superior rights to the marks, Casiola retains the right to modify or replace the Licensed Marks. In such a case, the franchisee is obligated to use the revised marks as directed by Casiola. Casiola's liability in this event is limited to reimbursing the franchisee for direct out-of-pocket costs associated with complying with the changes, such as alterations in signage and replacement of marketing materials, provided these costs are documented to Casiola's satisfaction.