What constitutes a breach of the City Publications franchise agreement regarding the use of Marks?
City_Publications Franchise · 2025 FDDAnswer from 2025 FDD Document
"Marks" mean the trademark "CITY PUBLICATIONS" and other trade names, trademarks, service marks, designs, graphics, logos and other commercial symbols as Franchisor may designate and not thereafter withdraw to be used in connection with the Franchised Business;
Franchisee shall not establish an Internet site using a domain name or uniform resource locator containing any of the Marks or the words "CITY PUBLICATIONS" or any variation thereof without prior written consent from Franchisor. Franchisor retains the sole right to advertise on the Internet and create a website using the "CITY PUBLICATIONS" domain name or using any other domain name Franchisor designates in the Manual or any domain name containing any of the Marks. Franchisee acknowledges that Franchisor is the sole owner of all right, title and interest in and to such domain names as Franchisor shall designate in the Manual.
If it becomes advisable at any time, in Franchisor's sole discretion, for Franchisor and/or Franchisee to modify or discontinue use of any of the Marks, and/or use one (1) or more additional or substitute trade names, trademarks, service marks or other commercial symbols, Franchisee shall comply with Franchisor's directions within a reasonable time after notice to Franchisee by Franchisor. Franchisor shall not be required to reimburse Franchisee for its expenses in modifying or discontinuing the use of a Mark or any loss of goodwill associated with any modified or discontinued Mark or for any expenditures made by Franchisee to promote a modified or substitute trademark or service mark.
Source: Item 23 — RECEIPT (FDD pages 39–129)
What This Means (2025 FDD)
According to City Publications' 2025 Franchise Disclosure Document, several actions can be considered a breach of the franchise agreement regarding the use of its Marks. The term "Marks" refers to the trademark "CITY PUBLICATIONS" and other trade names, trademarks, service marks, designs, graphics, logos, and commercial symbols that City Publications designates for use in connection with the Franchised Business.
A significant restriction is that franchisees cannot establish an Internet site using a domain name or URL containing any of the Marks or the words "CITY PUBLICATIONS" without prior written consent from the franchisor. City Publications retains the sole right to advertise on the Internet and create websites using the "CITY PUBLICATIONS" domain name or any other domain name it designates. Franchisees acknowledge that City Publications is the sole owner of all rights to such domain names.
If City Publications decides to modify or discontinue the use of any Marks, franchisees must comply with the franchisor's directions within a reasonable time after receiving notice. Franchisees are not entitled to reimbursement for expenses incurred in modifying or discontinuing the use of a Mark, any loss of goodwill, or any expenditures made to promote a modified or substitute trademark or service mark. These stipulations ensure City Publications maintains control over its brand identity and online presence, and that franchisees adhere to any changes the franchisor deems necessary for the brand's evolution.