What assistance must a Crisp & Green franchisee provide to protect the interests in any litigation relating to the Marks?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
5. TRADEMARKS.
- 5.01 Ownership of the Marks. You acknowledge that Crisp & Green LLC (our "Parent") owns the Marks and we hold the right to license the Marks to you. Your right to use the Marks is derived solely from this Agreement and is limited to conducting business pursuant to and in compliance with this Agreement. Your unauthorized use of any of the Marks constitutes a breach of this Agreement and an infringement of our and our Parent's rights in and to the Marks. This Agreement does not confer on you any goodwill or other interests in the Marks. Your use of the Marks and any goodwill established thereby inures to the exclusive benefit of us and our Parent. All provisions of this Agreement applicable to the Marks apply to any additional or substitute trademarks, service marks and trade dress we authorize you to use. You may not at any time during or after the Term contest, or assist any other person in contesting, the validity or ownership of any of the Marks.
- 5.02 Use of the Marks. You agree to use the Marks as the sole identification of the Franchised Restaurant, provided you identify yourself as the independent owner thereof in the manner we prescribe. You agree to use the Marks as we prescribe in connection with the sale of authorized food products, beverages and services. You may not use any Mark (or any abbreviation, modification or colorable imitation) as part of any corporate or legal business name or in any other manner (including as an electronic media identifier, such as a website, web page or domain name) not expressly authorized by us in writing.
- 5.03 Discontinuance of Use of Marks. If it becomes advisable at any time for us and/or you to modify or discontinue use of any Mark and/or use one or more additional or
substitute trademarks, service marks or trade dress, you agree to comply with our directions at your sole expense within a reasonable time after we provide notice to you. We will have no liability or obligation whatsoever with respect to any such required modification or discontinuance of any Mark or the promotion of a substitute trademark, service mark or trade dress.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
Based on the 2024 Crisp & Green Franchise Disclosure Document, franchisees must acknowledge that Crisp & Green LLC owns the Marks and that the right to use them is derived solely from the franchise agreement. Unauthorized use of the Marks constitutes a breach of the agreement and an infringement of Crisp & Green's rights. The agreement does not confer any goodwill or other interests in the Marks to the franchisee, and all goodwill established through the use of the Marks benefits Crisp & Green. Franchisees also agree not to contest the validity or ownership of any of the Marks during or after the term of the agreement.
Crisp & Green franchisees must use the Marks as the sole identification of their Franchised Restaurant, while identifying themselves as the independent owner in the manner prescribed by Crisp & Green. The Marks must be used as directed by Crisp & Green in connection with the sale of authorized food products, beverages, and services. Franchisees are prohibited from using any Mark (or any abbreviation, modification, or imitation) as part of any corporate or legal business name or in any other manner not expressly authorized in writing, including electronic media identifiers like websites or domain names.
If Crisp & Green deems it advisable to modify or discontinue the use of any Mark, franchisees must comply with Crisp & Green's directions at their sole expense within a reasonable time after receiving notice. Crisp & Green bears no liability or obligation regarding any required modification or discontinuance of any Mark or the promotion of a substitute trademark. These stipulations ensure that Crisp & Green maintains control over its brand and that franchisees actively support the protection of the Marks.