What principal trademarks is a Coffee News franchisee allowed to use?
Coffee_News Franchise · 2025 FDDAnswer from 2025 FDD Document
You may use the Coffee News principal trademarks in the promotion and publication of your editions of Coffee News. See Exhibit B for an example of the Coffee News logo, format, and content categories. Listed here are the specifics regarding these principal trademarks:
Coffee News Format
Size: 11" by 17" page size.
Coloring: Light brown coloring of paper.
Format: 2-sided printing with each page divided into 3 columns, with the 2
border columns each allowing for 8 advertisements arranged vertically and a center column allowing for the publication of
information.
Ad proportions: Equal sized, approximately 2 7/8" by 2" inches in a
rectangular rounded corner box with 1 open corner.
Coffee News Content Categories
Everybody's Talking! Quotable Quotes What's Happening Trivia Your Weekly Horoscope Did You Know... On the Lighter Side
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, actually, and continuously used for at least 20 years in the U.S. and global wide and therefore is protectable under the applicable federal trademark laws and common laws.
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.
Source: Item 13 — Trademarks (FDD pages 22–24)
What This Means (2025 FDD)
According to the 2025 Coffee News Franchise Disclosure Document, as a franchisee, you are permitted to use the Coffee News principal trademarks in the promotion and publication of your editions of Coffee News. These trademarks include the Coffee News logo, the format of the publication, and the content categories. The Coffee News format is specifically defined as an 11" by 17" page size with a light brown coloring. The layout includes 2-sided printing, with each page divided into 3 columns. The two border columns each allow for 8 advertisements arranged vertically, and the center column is for publishing information. Ad proportions are equal-sized, approximately 2 7/8" by 2" inches in a rectangular rounded corner box with 1 open corner. The content categories include sections such 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. The Coffee News Periodical format is protected as Coffee News trade dress under trademark laws through its 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.
However, the franchise agreement specifies that franchisees do not gain any right or interest in the "Coffee News" name or format beyond the license expressly provided in the agreement. All rights are reserved by 2703203, Manitoba, Inc. Franchisees acknowledge the value of the goodwill associated with the Coffee News name and format, recognizing that it belongs to the franchisor and 2703203, Manitoba, Inc. Franchisees also agree not to challenge the title or rights of the franchisor or 2703203, Manitoba, Inc. to the "Coffee News" name or format, or the validity of the license.
In the event of a dispute between the franchisor and 2703203, Manitoba, Inc., franchisees retain the right to use the trademarks. Franchisees are required to immediately inform the franchisor of any infringements or challenges to the use of the "Coffee News" name or format. Communication regarding such issues is restricted to the franchisor, 2703203, Manitoba, Inc., and their counsel. 2703203, Manitoba, Inc. has the sole discretion to take action and control any litigation related to infringement or challenges, with any resulting benefits accruing to them. Franchisees must assist in protecting the franchisor's interests as required by counsel.