Under what condition will City Publications reimburse a franchisee for expenses in a trademark dispute?
City_Publications Franchise · 2025 FDDAnswer from 2025 FDD Document
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, City Publications is not required to reimburse a franchisee for expenses incurred if it becomes advisable to modify or discontinue the use of any of the marks. This includes any loss of goodwill associated with a modified or discontinued mark, or for any expenditures made by the franchisee to promote a modified or substitute trademark or service mark. This policy is at the sole discretion of City Publications.
This means that if City Publications decides to change its branding or trademarks, franchisees will have to comply with these changes at their own expense. This could involve costs for new signage, marketing materials, and other items bearing the updated branding. Franchisees will not be compensated for any potential loss of business or goodwill resulting from the brand changes.
This type of clause is not uncommon in franchise agreements, as franchisors need the flexibility to update their branding to stay competitive or address legal issues. However, it does place a financial burden on franchisees, who must bear the costs of these changes. Prospective City Publications franchisees should factor in the potential costs of rebranding when evaluating the franchise opportunity and consider negotiating for some level of financial assistance from City Publications in such events.