What is the Christian Brothers Automotive franchisee's obligation regarding the use of identification materials?
Christian_Brothers_Automotive Franchise · 2025 FDDAnswer from 2025 FDD Document
by Franchisor. Franchisee is prohibited from using any Mark, or any part thereof,
with any prefix, suffix, or other modifying words, terms, designs or symbols except as
permitted in writing by Franchisor. Franchisee may not use any Mark in connection with
the sale of any product or service not authorized in writing by Franchisor. Franchisee will
use the Marks only for the operation of the Franchised Business. Any unauthorized use of
the Marks will constitute an infringement of Franchisor's rights and a material breach of
this Agreement.
5.10 Limited License Only; Rights Reserved. The right and license granted hereunder to
Franchisee to utilize the Marks is limited and nonexclusive. As noted in paragraph 2.04
above, Franchisor has and retains the rights, among others, to itself use the Marks in
connection with offering or selling any services and products; to grant other Mark licenses;
and, to develop and establish other systems using the same or similar Marks, or any other
proprietary marks, and to grant licenses or franchises without any obligation to Franchisee.
Franchise Agreement (Ver 04-14-2025)
5.11 Online Use of Marks. Franchisee shall not, without the prior written approval of
Franchisor, use the Marks or any abbreviation or other name associated with Franchisor
and/or the System as part of any e-mail address, domain name, and/or other identification
of Franchisee in any electronic medium. Franchisee agrees not to transmit or cause any
other party to transmit advertisements, solicitations, marketing information, promotional
information or any other information whatsoever regarding Christian Brothers Automotive
businesses by e-mail or any other Electronic Media without Franchisor's prior written
consent and in accordance with such specific programs, policies, terms and conditions as
Franchisor may from time to time establish. "Electronic Media" shall include, but not be
limited to, blogs, microblogs, social networking sites (such as Facebook, LinkedIn,
Twitter/X and Instagram), video-sharing and photo-sharing sites (such as YouTube, Vimeo
and TikTok), review sites (such as Google or Yelp), marketplace sites (such as Facebook
Marketplace, eBay and Craigslist), Wikis, chat rooms and virtual worlds. Franchisee
agrees that (a) Franchisor exclusively owns the domains "cbac.com", "cbauto.net" and
"christianbrothersauto.com" and all other domains now or hereafter related to the System,
(b) any emails sent to or received by email addresses under those domains are exclusively
owned by Franchisor, and (c) those domains and emails are subject to inspection by
Franchisor at any time without notice to Franchisee.
5.12 Website Limitation. As used in this Agreement, the term "Website" means an electronic
document, series of symbols, or otherwise, that is contained in, or accessible to, a network
of computers linked by communications software. The term Website includes, but is not
limited to, Internet and World Wide Web home pages or a group of Internet or World Wide
Franchise Agreement (Ver 04-14-2025)
Web pages located under a domain name.
Source: Item 23 — RECEIPTS (FDD pages 76–372)
What This Means (2025 FDD)
According to the 2025 Christian Brothers Automotive Franchise Agreement, franchisees must adhere to specific guidelines regarding the use of the company's marks and identification materials. Franchisees are permitted to use the marks only for operating their franchised business and cannot use them in connection with any product or service not explicitly authorized by Christian Brothers Automotive in writing. Unauthorized use of these marks constitutes an infringement of Christian Brothers Automotive's rights and a material breach of the franchise agreement.
Christian Brothers Automotive franchisees must obtain prior written approval from the company before using the marks, or any associated names, in any electronic medium, including email addresses and domain names. Franchisees are prohibited from transmitting any marketing or promotional information regarding Christian Brothers Automotive businesses via electronic media without prior written consent from Christian Brothers Automotive and adherence to their established programs, policies, terms, and conditions. Electronic media encompasses a wide range of platforms, including blogs, social networking sites, video-sharing sites, review sites, and more.
Christian Brothers Automotive requires franchisees to use only approved advertising, identification, and promotional materials. This includes printed and broadcast advertisements, stationery, business cards, signs, and promotional literature. All advertising must be conducted in a dignified manner and conform to the standards and specifications set by Christian Brothers Automotive. The advertising should not detract from, reflect unfavorably upon, or denigrate the marks, the system, or the products of Christian Brothers Automotive. Upon termination of the franchise agreement, franchisees must discontinue all use of Christian Brothers Automotive's marks, including the authorized name, and must not operate under any name that could mislead the public into thinking they are still affiliated with Christian Brothers Automotive.