What is the nature of the relationship between Christies International Real Estate and the IP Owner of the Marks?
Christies_International_Real_Estate Franchise · 2025 FDDAnswer from 2025 FDD Document
expressly authorized such use in writing. You agree to display the Marks prominently and in the manner we direct on all signs and forms. Subject to our rights described in this Agreement, you agree to obtain fictitious or assumed name registrations as may be required under applicable law.
- 6.3. Additional Limitations on Your Use of the Marks Pursuant to the Trademark License Agreement. Our and your use of the Marks is subject to the Trademark License Agreement. 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.
- (h) You shall not acquire, file, seek to register or otherwise obtain any registration or application for any Mark that consists of, incorporates, could reasonably be expected to be confusingly similar to or dilutive of, or is a variation of, any of the Marks;
- (i) You shall not use any of the Marks in any manner that does or could reasonably be expected to (i) dilute, impair or diminish the value or enforceability of any of the Marks, IP Owner's other intellectual property, or their respective associated goodwill, or (ii) allow any of the Licensed Marks to become generic or otherwise lose their distinctiveness;
- (j) You shall not take any action to challenge, contest, oppose, cancel or otherwise prejudice IP Owner or any of its affiliates' rights, title or interest in or to the Marks or the validity or enforceability of the Marks (or of any registration or application therefor), or assert any common law rights in the Marks;
- (k) You shall not adopt or use any variation or derivation of any of the Marks or any word, phrase, symbol or Mark that could reasonably be expected to be confusingly similar to or dilutive of any Mark;
- (l) You shall not use any of the Marks with any other word, phrase, symbol or trademark so as to form a composite trademark, except as set forth in Section 7 of Exhibit 1 of this Agreement, or as otherwise permitted by the Operations Manual;
Source: Item 23 — RECEIPT (FDD pages 54–177)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Christies International Real Estate franchisees must adhere to specific obligations outlined in the Trademark License Agreement. These obligations dictate how franchisees can and cannot use the brand's trademarks, referred to as "Marks." Franchisees cannot represent that they own any of the Marks and must use them only in the approved format, specifically "CHRISTIE'S INTERNATIONAL REAL ESTATE." They are prohibited from using the brand's font for any words other than "CHRISTIE'S" and must use the Marks in combination with other marks as specified in the agreement.
Christies International Real Estate franchisees are required to market and position the Marks as a leading luxury brand and cannot associate other trademarks with more luxurious real estate services than those offered under the Christies International Real Estate brand. Furthermore, franchisees must not be directly or indirectly controlled by specified competitors, including Sotheby's Inc. The right to operate under the Christies International Real Estate name is contingent on marketing and selling only "luxury real estate" and maintaining a designated average selling price, as defined by the IP Owner in the Trademark License Agreement.
Upon termination or expiration of the franchise agreement, the franchisee has obligations to cooperate regarding intellectual property rights. The franchisee must remove all Christies International Real Estate Marks from social media accounts and cancel any fictitious names filed for use of the Marks. Additionally, the franchisee must irrevocably assign to the IP Owner all Internet domain names that incorporate any of the Marks, or to a designee as instructed by IP Owner. These stipulations ensure the IP Owner maintains control over the brand's intellectual property and its representation in the marketplace, even after a franchise agreement ends.