Can Christies International Real Estate exercise its reserved rights from any location at any time?
Christies_International_Real_Estate Franchise · 2025 FDDAnswer from 2025 FDD Document
We reserve (for ourselves and our affiliates) reserve all rights to engage in all activities associated with CHRISTIES INTERNATIONAL REAL ESTATE Marks, and all rights to engage in any business, licensing, franchising, or other activities associated with other brands, marks, and real estate brokerage systems, anywhere in the world, not specifically granted to you under the License Agreement or expressly prohibited under the License Agreement, or expressly prohibited from us engaging in under the License Agreement. Without limiting the preceding sentence, we (for ourselves and our affiliates) specifically reserve the right, from any location at any time, without any compensation to you or any other Affiliate and regardless of whether it competes with the Business, the following rights:
- (a) To own and operate, and grant licenses or franchises to others to own and operate, CHRISTIE'S INTERNATIONAL REAL ESTATE offices outside of the Protected Territory;
- (b) To own and operate, and grant licenses or franchises to others to own and operate, any business of any kind (other than an office located within your Protected Territory selling the same services as a CHRISTIE'S INTERNATIONAL REAL ESTATE businesses) under the Marks at any locations within or outside of your Protected Territory, including by electronic means such as the Internet, applications, by websites we may establish, catalog sales, telemarketing, or other direct marketing sales;
- (c) To own and operate, and grant licenses or franchises to others to own and operate, any business of any kind, including a real estate business selling the same or similar services as CHRISTIE'S INTERNATIONAL REAL ESTATE businesses, under any names, trademarks, service marks, logos and other commercial symbols other than the Marks, regardless of where such businesses are located, including within the Protected Territory;
- (d) To merge with, acquire, be acquired by, or become associated with any businesses that are the same or similar to a CHRISTIE'S INTERNATIONAL REAL ESTATE businesses and operate or license others to operate such businesses regardless of where the businesses are located, including within the Protected Territory, and to be acquired by any third party that operates businesses that are the same or similar to CHRISTIE'S INTERNATIONAL REAL ESTATE businesses regardless of where such businesses are located, including within the Protected Territory;
- (e) to promote, sell, and distribute products, items, and other materials under the Marks or other trademarks through dissimilar channels of distribution (i.e., other than the operation of a CHRISTIE'S INTERNATIONAL REAL ESTATE office within the Protected Territory), including by electronic means such as the Internet, applications, by websites we may establish, catalog sales, telemarketing, or other direct marketing sales;
- (f) To advertise the System anywhere, including, without limitation, on the Internet (or any other existing or future form of electronic commerce) and to create, operate, maintain, and modify, or discontinue the use of a website or any online presence using the Marks; and
- (g) to engage in all other activities associated with the CHRISTIES INTERNATIONAL REAL ESTATE Marks not expressly prohibited under the License Agreement.
Source: Item 12 — TERRITORY (FDD pages 33–38)
What This Means (2025 FDD)
According to the 2025 Christies International Real Estate Franchise Disclosure Document, Christies International Real Estate retains significant rights for itself and its affiliates. Specifically, Christies International Real Estate reserves the right to engage in any business, licensing, franchising, or other activities associated with its brands and marks, globally, except for what is explicitly granted to the franchisee or expressly prohibited in the License Agreement. This broad reservation of rights allows Christies International Real Estate to operate and franchise businesses under other brands, including those that compete with the franchisee's Christies International Real Estate business.
Christies International Real Estate specifically reserves the right to operate or franchise Christies International Real Estate offices outside of a franchisee's protected territory. They can also operate any kind of business under the Christies International Real Estate marks, even within a franchisee's protected territory, through electronic means like the internet, websites, or direct marketing. Furthermore, Christies International Real Estate can operate similar real estate businesses under different brand names, trademarks, or commercial symbols, regardless of location, including within the franchisee's protected territory.
This reservation of rights also extends to mergers, acquisitions, and affiliations with other businesses, even those similar to Christies International Real Estate, without restriction on location. Christies International Real Estate can also promote and sell products and materials under the Christies International Real Estate marks through various channels of distribution, including the internet and direct marketing. These rights can be exercised from any location and at any time, without any obligation to compensate the franchisee, regardless of whether it competes with the franchisee's business. This extensive reservation of rights highlights the non-exclusive nature of the franchise and the potential for competition from Christies International Real Estate and its affiliates.