Is the Coffee News periodical format protected as trade dress?
Coffee_News Franchise · 2025 FDDAnswer from 2025 FDD Document
Coffee News Periodical format as described above is protected as Coffee News trade dress under the trademark laws through its actual and continuous use over the years. The Coffee News Periodicals nationwide and global wide all have the exact same format in the past at least 24 years.
Nothing in the franchise agreement shall be construed as a grant to you of any right, or interest in the "Coffee News" name or format, since all rights are reserved by 2703203, Manitoba, Inc. and us except for this license to the "Coffee News" name and format only as expressly provided in the franchise agreement. Furthermore, nothing in the agreement shall be construed as an assignment or license to you of any right or interest in any trade names or symbols, service marks, signs, slogans, or insignia not designated by the agreement as licensed to you, which may be developed by us for use with other publishers. In signing the agreement, you recognize the great value of the goodwill associated with our name and format and you acknowledge that the goodwill belongs to us and 2703203, Manitoba, Inc. You also will agree that you will not, at any time attack the title or any rights of us or 2703203, Manitoba, Inc. to the "Coffee News" name or format or attack the validity of the license to use the name or format or do anything which would jeopardize or diminish our rights or the value or the name.
You will have the right to use trademarks during any dispute between us and 2703203, Manitoba, Inc.
In addition, you shall immediately notify us of any apparent infringements of or challenges to the use of the "Coffee News" name or format or your licensed business in the geographic area covered by the agreement. You shall not communicate with any person other than us, 2703203, Manitoba, Inc. and its counsel in connection with any such infringement or challenge. You will agree that 2703203, Manitoba, Inc. shall have sole discretion to take the action it deems appropriate and the right to exclusively control any litigation or other administrative claim or action relating to the infringement, challenge, or claim. Any money, damages, or other benefits arising from the infringement or challenge shall benefit 2703203, Manitoba, Inc. You must execute all instruments and documents, give all assistance and perform those acts to protect and maintain our interests as required by counsel of 2703203, Manitoba, Inc., us and its publishers in any litigation or administrative proceeding.
We do not know of any infringing uses that could materially affect your use of the Coffee News trademarks.
We have filed all required Affidavits and renewals. There are no effective determinations of the Patent and Trademark Office, the Trademark Trial and Appeal Board or any state trademark administrator or court; and any pending infringement, opposition, or cancellation proceeding involving proprietary marks that are material to Coffee News. There are no agreements currently in effect that significantly limit our rights to use or license the use of such proprietary marks that are material to the Coffee News franchise. If a new model were introduced and Publishers were required to modify or discontinue using a trademark that has been licensed to them, We will move the current publishers to the new model at no cost.
Source: Item 13 — Trademarks (FDD pages 22–24)
What This Means (2025 FDD)
According to the 2025 Coffee News Franchise Disclosure Document, the Coffee News periodical format is protected as trade dress under trademark laws. This protection is based on the format's actual and continuous use over the years, with the exact same format being used nationwide and globally for at least 24 years. The FDD specifies the Coffee News format as having an 11" by 17" page size, light brown paper, two-sided printing with each page divided into three columns, border columns allowing for eight vertically arranged advertisements, a center column for information, and equal-sized ad proportions of approximately 2 7/8" by 2" inches in a rectangular rounded corner box with one open corner. The FDD also lists the Coffee News content categories as Everybody's Talking!, Quotable Quotes, What's Happening, Trivia, Your Weekly Horoscope, Did You Know... and On the Lighter Side. The Coffee News (words only) trademark is registered with the Principal Register of the United States Patent and Trademark Office, as of November 18, 1997, trademark registration number 2,113,507. The Coffee News logo has been consistently used for at least 20 years in the U.S. and globally and therefore is protectable under the applicable federal trademark laws and common laws.
While franchisees are licensed to use the Coffee News name and format, the FDD clarifies that all rights and interests in the name and format are reserved by 2703203, Manitoba, Inc. Franchisees acknowledge the goodwill associated with the Coffee News name and format and agree not to attack the title or rights of Coffee News or 2703203, Manitoba, Inc. to the name or format. Franchisees also agree not to do anything that would jeopardize or diminish Coffee News's rights or the value of the name.
Furthermore, franchisees must notify Coffee News of any infringements or challenges to the use of the Coffee News name or format and must not communicate with anyone other than Coffee News, 2703203, Manitoba, Inc., and its counsel regarding such matters. 2703203, Manitoba, Inc. has the sole discretion to take action and control any litigation related to infringement or challenges, with any benefits arising from such actions accruing to 2703203, Manitoba, Inc. Coffee News states that it does not know of any infringing uses that could materially affect a franchisee's use of the Coffee News trademarks and that all required affidavits and renewals have been filed.