What constitutes a breach of the Chicken Guy franchise agreement regarding the Proprietary Marks?

According to Chicken Guy's 2025 Franchise Disclosure Document, a franchisee breaches the franchise agreement regarding Proprietary Marks if they engage in any unauthorized use of the marks or attempt to register them in any jurisdiction. The Proprietary Marks include all words, symbols, insignia, devices, designs, trade names, service marks, or combinations that Chicken Guy designates as identifying the Chicken Guy system. Franchisees are permitted to use the Proprietary Marks only in the operation of their franchised restaurant at the approved location, as outlined in the agreement and operations manual.

Specifically, franchisees cannot use the Proprietary Marks on vehicles without prior written approval from Chicken Guy. They are also prohibited from modifying the marks in any way when displaying or creating materials that bear the marks. Franchisees must not use the Proprietary Marks, variations of them, or confusingly similar marks in any manner not authorized by Chicken Guy, including in any corporate, limited liability company, or partnership name. If local laws require filing an affidavit for doing business under an assumed name, the franchisee must indicate that the filing is made as a franchisee of Chicken Guy.

Furthermore, franchisees are restricted in their use of Proprietary Marks on the internet. They cannot use the marks or any confusingly similar variations in any unauthorized manner as part of any URL, domain name, website, meta-tag, or other electronic identifier. Chicken Guy has the right to grant or withhold consent for online use and can impose conditions, such as requiring prior written approval for all electronic identifiers and website content.

In summary, franchisees must adhere strictly to the guidelines provided by Chicken Guy regarding the use of Proprietary Marks. Any deviation from these guidelines, including unauthorized use, modification, or registration attempts, constitutes a breach of the franchise agreement and an infringement of Chicken Guy's rights. Franchisees must also promptly inform Chicken Guy of any potential infringements of the Proprietary Marks they become aware of.