Are there any agreements that significantly limit Cool Binz's rights to use or license its trademarks?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no agreements currently in effect that significantly limit our rights within the United States, to use, or license the use, of the above-mentioned Marks in any manner material to the Franchise.
You will follow our rules when you use the Marks. You may not use any Mark (including the name COOL BINZ) as part of your corporate or legal business name or with modifying words, terms, designs, or symbols (except for those we license to you). You may not use any Mark in selling any unauthorized services or products or in any other way we have not expressly authorized in writing.
You must notify us immediately of any apparent infringement or challenge to your use of any Mark, or of any claim by any person of any rights in any Mark, and not to communicate with any person other than us and our attorneys, and your attorneys, in any infringement, challenge, or claim.
Provided that you have timely notified us of the claim or proceeding and complied with the Franchise Agreement as we determine in our sole discretion, we shall indemnify and hold you harmless against any loss or expense incurred in connection with any such infringement, challenge or claim. If we, in our sole discretion, determine that you have not used the Marks in accordance with the Franchise Agreement, you will bear the cost of such defense, including the cost of any judgment or settlement. You must sign any and all instruments and documents, render the assistance, and do the acts and things that, in the opinion of our attorneys, may be necessary or advisable to protect and maintain our interests in any litigation or USPTO or other proceeding, or otherwise to protect and maintain our interest in the Marks, including, without limitation, becoming a nominal party to any legal action. Except to the extent that such litigation is the result of your use of the Marks in a manner inconsistent with the terms of the Franchise Agreement, we agree to reimburse you for your out-of-pocket costs in performing such acts.
If it becomes advisable at any time in our sole discretion to modify or discontinue the use of any Mark and/or use one or more additional or substitute names or marks, you must comply with our direction no later than ten days after you have received notice. We will not be liable to you for any expenses, losses, or damages you sustain as the result of any such addition, modification, substitution, or discontinuance of a Mark and you must not commence or join in any litigation or other proceeding against us for any such expenses, losses, or damages.
We do not know of any superior prior rights or infringing uses that could materially affect your use of our principal Mark in any state.
Source: Item 13 — TRADEMARKS (FDD pages 49–50)
What This Means (2025 FDD)
According to Cool Binz's 2025 Franchise Disclosure Document, there are currently no agreements in effect that significantly limit their rights within the United States to use or license their trademarks in any manner material to the franchise. This indicates that Cool Binz has full control over its trademarks and can license them to franchisees without significant restrictions from third parties. Cool Binz's affiliate, COOL BINZ North America, LLC, owns the trademarks and licenses Cool Binz the right to use such marks for promotion, use, license, and sale throughout the United States, its territorial possessions, and the District of Columbia. The Franchise Agreement grants the franchisee the license to operate the System under the COOL BINZ name and logo and under any other trade names, trade dress, indicia, trademarks, service marks, and logos currently used or that may be used in the operation of the System.
As a Cool Binz franchisee, you are required to adhere to Cool Binz's rules when using the trademarks. You cannot use any mark, including the name COOL BINZ, as part of your corporate or legal business name, or with modifying words, terms, designs, or symbols, except for those Cool Binz licenses to you. Additionally, you are prohibited from using any mark in selling unauthorized services or products or in any way not expressly authorized in writing by Cool Binz.
If there is any apparent infringement or challenge to your use of any mark, or any claim by any person of any rights in any mark, you must notify Cool Binz immediately and not communicate with anyone other than Cool Binz, their attorneys, and your attorneys. Provided you have timely notified Cool Binz of the claim or proceeding and complied with the Franchise Agreement, Cool Binz will indemnify and hold you harmless against any loss or expense incurred in connection with any such infringement, challenge, or claim. However, if Cool Binz determines that you have not used the marks in accordance with the Franchise Agreement, you will bear the cost of the defense, including any judgment or settlement costs. Cool Binz does not know of any superior prior rights or infringing uses that could materially affect your use of their principal Mark in any state.
Cool Binz retains the right to modify or discontinue the use of any mark, or use additional or substitute names or marks, at any time in their sole discretion. If this occurs, franchisees must comply with Cool Binz's direction within ten days of receiving notice. Cool Binz will not be liable for any expenses, losses, or damages sustained as a result of any such addition, modification, substitution, or discontinuance of a mark, and franchisees are prohibited from commencing or joining any litigation against Cool Binz for such expenses, losses, or damages.