What agreement governs the use of Marks by Christies International Real Estate?
Christies_International_Real_Estate Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree to the following additional obligations, pursuant to our obligations under the Trademark License Agreement:
(a) You shall not represent that you own any of the Marks.
(b) You shall not use any Marks that consist of or incorporate "CHRISTIE'S" in any manner other than in the phrase "CHRISTIE'S INTERNATIONAL REAL ESTATE."
(c) You shall not use the font of the "CHRISTIE'S" Marks for any words other than "CHRISTIE'S."
(d) You must use the Marks in combination with the marks set forth in Section 7 of Exhibit 1 of this Agreement, which may be modified from time to time in writing, with our prior written consent.
(e) You shall market, hold out and otherwise position the Marks as a leading luxury brand.
You shall not market, hold out or otherwise position any other trademarks, trade names, service marks, domain names, logos or other commercial symbols as being associated with more luxurious real estate brokerage services or more luxurious real estate properties than those offered, marketed or sold under the Marks.
- (f) You agree that you are neither directly nor indirectly controlled by Sotheby's Inc., Phillips Auctioneers Limited, Beijing Poly International Auction Co.
Ltd., China Guardian Auctions Co.
Ltd., or their successors (including, for the avoidance of doubt, Realogy Holdings Corp. and its affiliates, for so long as it is licensed to use the Sotheby's Marks), or any other competitor that we may designate from time to time.
- (g) Your rights under this Agreement are contingent on you marketing, selling, or leasing only "luxury real estate" and maintaining an average selling price for properties that we designate from time to time, as further described in the Operations Manual, which definitions of, and formulas for calculating, "luxury real estate" are prescribed by IP Owner in the Trademark License Agreement.
Source: Item 23 — RECEIPT (FDD pages 54–177)
What This Means (2025 FDD)
According to the 2025 Christies International Real Estate FDD, the franchisee's use of the brand's Marks is governed by the Trademark License Agreement. As part of this agreement, franchisees must adhere to specific obligations regarding the use of the Marks.
These obligations include not representing ownership of the Marks, using "CHRISTIE'S" only in the phrase "CHRISTIE'S INTERNATIONAL REAL ESTATE," and using the correct font. Franchisees must also market the Marks as a leading luxury brand and ensure they are not directly or indirectly controlled by specified competitors like Sotheby's Inc. The right to use the Marks is contingent on marketing and selling only "luxury real estate" and maintaining a designated average selling price, as defined in the Operations Manual and the Trademark License Agreement.
These stipulations ensure brand consistency and prevent misuse of the Christies International Real Estate Marks. They also protect the brand's reputation as a luxury real estate provider. Franchisees must comply with these requirements to maintain their franchise agreement and avoid potential termination.