What is the effect of the Trademark License Agreement on Christies International Real Estate's use of the Marks?
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.
You may designate properties as "luxury real estate" based on your market and relevant market and competitive issues; provided however, that we have the right to require you to remove such designations in our sole discretion.
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 trademarks is subject to specific obligations and restrictions outlined in the Trademark License Agreement. The franchisee cannot represent that they own any of the Marks and must only use "CHRISTIE'S" in the phrase "CHRISTIE'S INTERNATIONAL REAL ESTATE." They are also restricted from using the font of the "CHRISTIE'S" Marks for any words other than "CHRISTIE'S."
The franchisee is required to use the Marks in combination with other marks as specified in the agreement, which may be modified with written consent. They must also market the Marks as a leading luxury brand and are prohibited from positioning other trademarks as being associated with more luxurious real estate services than those offered under the Christies International Real Estate Marks. The agreement also stipulates that the franchisee cannot be directly or indirectly controlled by specified competitors.
Furthermore, the franchisee's rights are contingent on marketing and selling only "luxury real estate" and maintaining a designated average selling price for properties, as defined by the IP Owner in the Trademark License Agreement. While the franchisee can initially designate properties as "luxury real estate" based on market conditions, Christies International Real Estate reserves the right to require the removal of such designations. These stipulations ensure brand consistency and prevent misuse of the trademarks, maintaining the brand's luxury image and competitive positioning.