What is protected as Coffee News 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.
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 due to its consistent use over the years. This protection extends to Coffee News periodicals both nationwide and globally, as they all maintain the same format for at least the past 24 years. The FDD specifies that all rights to the Coffee News name and format are reserved by 2703203, Manitoba, Inc.
The Coffee News format includes specific elements. These are the size (11" by 17" page size), the light brown coloring of the paper, and the two-sided printing layout. Each page is divided into three columns: two border columns for eight vertically arranged advertisements each, and a center column for publishing information. The ad proportions are equal-sized, approximately 2 7/8" by 2" inches in a rectangular rounded corner box with one open corner.
As a franchisee, you are licensed to use the Coffee News name and format as expressly provided in the franchise agreement. You acknowledge the goodwill associated with the Coffee News name and format, understanding that this goodwill belongs to the franchisor and 2703203, Manitoba, Inc. You also agree not to challenge their rights to the name or format or take any actions that could diminish their value.
The FDD also states that franchisees must notify the franchisor of any infringements or challenges to the use of the Coffee News name or format within their geographic area. The franchisor and 2703203, Manitoba, Inc. have sole discretion over any related litigation, and any benefits arising from such actions will benefit 2703203, Manitoba, Inc. Franchisees are required to assist in protecting the franchisor's interests in any legal proceedings.