Under the Cinch I.T. franchise agreement, what name must franchisees operate under?
Cinch_I_T Franchise · 2024 FDDAnswer from 2024 FDD Document
NCHISE, LLC, a Massachusetts limited liability company ("Franchisor"), | | ("Franchisee") and | | ("Trainee"). | | | | RECITALS | | | | WHEREAS, Franchisor has developed, is using and is the owner of all rights in a unique |
system (hereinafter "CINCH I.T. SYSTEM") for the development and operation of a business which provides Information Technology Support Services under the trade name and mark CINCH I.T.(hereinafter "CINCH I.T.");
WHEREAS, CINCH I.T. SYSTEM includes but is not limited to certain trade names, trademarks, trade dress and logos including, but not limited to, the mark CINCH I.T., service marks, trade symbols, trade dress, signs, slogans, associated logos, designs, emblems, URLs, domain names, website addresses, e-mail addresses, digital cellular addresses, wireless web addresses and the like and copyrights and such other trade names and trademarks as Franchisor may develop in the future for the purposes of identifying CINCH I.T. SYSTEM, and such other distinguishing characteristics of CINCH I.T. SYSTEM including, without limitation, distinctive sales and marketing procedures; knowledge and procedures for providing business computer support, general I.T. support, and other technology related services; inventory, management and financial control methods; and training and assistance, all of which may be changed, improved and further developed by Franchisor from time to time ("Trade Secrets");
WHEREAS, Franchisor's Trade Secrets provide economic advantages to Franchisor and are not generally known to or readily ascertainable by proper means by Franchisor's competitors who could obtain economic value from knowledge and use of Franchisor's Trade Secrets;
WHEREAS, Franchisor has taken and intends to take all reasonable steps to maintain the confidentiality and secrecy of Franchisor's Trade Secrets;
| WHEREAS, Franchisor has granted Franchisee a limited right to operate a territory using | |||
|---|---|---|---|
| CINCH I.T. | |||
| SYSTEM and Franchisor's Trade Secrets for the period defined in the Franchise | |||
| Agreement made and entered into on | , | between | Franchisor |
| and Franchisee ("Franchise Agreement"); |
WHEREAS, Franchisor and Franchisee have agreed in the Franchise Agreement on the importance to Franchisor and to Franchisee and other licensed users of CINCH I.T. SYSTEM of restricting use, access and dissemination of Franchisor's Trade Secrets;
Source: Item 23 — RECEIPTS (FDD pages 60–269)
What This Means (2024 FDD)
According to the 2024 Cinch I.T. Franchise Disclosure Document, franchisees must operate under the Cinch I.T. trade name. The agreement grants franchisees the right to establish and operate a Cinch I.T. franchise and to use the licensed rights associated with the franchised business. Cinch I.T. franchisees benefit from the company's established reputation and goodwill associated with the Cinch I.T. name.
Cinch I.T. franchisees are granted the right to use the licensed rights in the establishment and operation of the franchised business. The franchisor and franchisee desire to enter into a Franchise Agreement which will grant Franchisee a limited right to operate a Franchised Business within a territory using Cinch I.T. SYSTEM and Franchisor's Trade Secrets for a period defined in the Franchise Agreement. The franchisor may develop trade names and trademarks in the future for the purposes of identifying Cinch I.T. SYSTEM.
Cinch I.T. retains the right to use and franchise within the franchisee's designated territory any other trade names and trademarks that Cinch I.T. might develop and not designate as licensed rights in the future, for use with similar or different franchise systems. Cinch I.T. also reserves the right to establish, operate, or license to any other person or entity the right to establish or operate a Cinch I.T. Franchised Business at any location outside the Development Area.