Under what conditions can a Chicken Guy franchisee use variations of the Proprietary Marks on the internet?
Chicken_Guy Franchise · 2025 FDDAnswer from 2025 FDD Document
Marks.** Franchisee's right to use the Proprietary Marks is limited to its use of the Proprietary Marks in the operation of the Franchised Restaurant at the Franchised Location and as expressly provided in this Agreement and the Manual. Franchisee shall not use the Proprietary Marks on any vehicles without Chicken Guy's prior written approval. Franchisee shall not modify the Proprietary Marks in any manner in connection with Franchisee's display of, or creation or duplication of materials bearing, the Proprietary Marks. Franchisee shall not use the Proprietary Marks or any variations of the Proprietary Marks or marks or names confusingly similar to the Proprietary Marks in any manner not authorized by Chicken Guy or in any corporate, limited liability company or partnership name and shall not use any other trade names, service marks or trademarks in conjunction with the
Franchised Restaurant. If local laws or ordinances require that Franchisee file an affidavit of doing business under an assumed name or otherwise make a filing indicating that the Proprietary Marks are being used as a fictitious or assumed name, Franchisee shall include in such filing or application an indication that the filing is made "as a franchisee of Chicken Guy (Franchisor), LLC." Franchisee shall use the symbol ® with all registered marks and the symbol ™ with all pending registrations or other marks.
C. Use of Proprietary Marks on Internet.
- (1) Franchisee shall not use the Proprietary Marks or any variations of the Proprietary Marks or marks or names confusingly similar to the Proprietary Marks in any manner not authorized by Chicken Guy in writing as part of any URL, domain name, Website, meta-tag, download, application, posting, social networking profile, directory listing, screen name, anonymous name, blog, vlog, e-mail account, instant messaging account, texting identity, user generated content, or any other identification of Franchisee or the Franchised Restaurant in any electronic medium (collectively, and individually, "Electronic Identifiers"). As used in this Agreement, the term "Website" means one or more related documents, designs, or other communications that can be accessed through electronic means (including, but not limited to, the Internet, the World Wide Web, and social networking sites like Facebook, Twitter, LinkedIn, Pinterest, blogs, vlogs, and other applications, etc.).
- (2) Chicken Guy may grant or withhold its consent in its sole discretion and may condition its consent on such requirements as Chicken Guy deems appropriate, including, among other things, that Franchisee obtain Chicken Guy's prior written approval of: (a) any and all Electronic Identifiers related to the Franchised Restaurant; (b) the proposed form and content (including any visible and nonvisible content such as meta-tags) of any Website related to the Franchised Restaurant; (c) Franchisee's use of any hyperlinks or other links; (d) Franchisee's use of any materials (including text, video clips, photographs, images and sound bites) in which any third party has an ownership interest; and (e) any proposed modification of Franchisee's Website. Chicken Guy may designate the form and content of Franchisee's Website and/or require that any such Website be hosted by Chicken Guy or a third party designated by Chicken Guy, using one or more Websites that Chicken Guy owns and/or controls. In addition, Chicken Guy may require Franchisee to establish hyperlinks to Chicken Guy's Website or another Website designated by Chicken Guy. Chicken Guy may charge Franchisee a fee for developing, reviewing and approving Franchisee's Website and/or for hosting the Website.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Chicken Guy's 2025 Franchise Disclosure Document, a franchisee cannot use the Proprietary Marks, or any variations of them, without written authorization from Chicken Guy. This restriction applies to any URL, domain name, website, meta-tag, download, application, posting, social networking profile, directory listing, screen name, blog, vlog, e-mail account, instant messaging account, texting identity, user generated content, or any other electronic medium used to identify the franchisee or the franchised restaurant. These online identifiers are collectively referred to as "Electronic Identifiers."
Chicken Guy has the sole discretion to grant or withhold consent for the use of Proprietary Marks online. If consent is granted, Chicken Guy may impose specific requirements. These requirements include obtaining prior written approval from Chicken Guy for all Electronic Identifiers related to the franchised restaurant, the proposed form and content of any website (including visible and non-visible content like meta-tags), the franchisee's use of hyperlinks or other links, the use of any materials in which a third party has an ownership interest, and any proposed modifications to the franchisee's website.
Chicken Guy also has the right to designate the form and content of the franchisee's website and may require that the website be hosted by Chicken Guy or a third party chosen by Chicken Guy, potentially using websites that Chicken Guy owns or controls. Additionally, Chicken Guy can require the franchisee to establish hyperlinks to Chicken Guy's website or another website designated by Chicken Guy. This level of control ensures brand consistency and quality across all online representations of Chicken Guy franchises.
If a franchisee has used the Proprietary Marks on the internet without authorization, they must, at Chicken Guy's option, cancel or assign to Chicken Guy all rights to any websites, Electronic Identifiers, or registrations containing the Proprietary Marks. The franchisee must also notify the relevant domain name registrars and listing agencies about the termination of their right to use any Electronic Identifier associated with the Chicken Guy system and authorize the cancellation or transfer of these identifiers to Chicken Guy. The franchisee is not entitled to any compensation if Chicken Guy exercises these rights.