What constitutes a breach of the Crisp & Green franchise agreement regarding the use of Crisp & Green marks?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
- 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
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, a franchisee's unauthorized use of the brand's marks constitutes a breach of the franchise agreement and an infringement of Crisp & Green's rights to those marks. The franchisee's right to use the marks is solely derived from the franchise agreement and is limited to conducting business in compliance with the agreement.
The agreement specifies that franchisees must use the marks as the sole identification of their franchised restaurant, while also identifying themselves as the independent owner in a prescribed manner. The marks must also be used as prescribed when selling authorized food products, beverages, and services.
Importantly, franchisees are prohibited from using any Crisp & Green 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 by Crisp & Green. This includes electronic media identifiers like websites or domain names. If Crisp & Green decides to modify or discontinue the use of any mark, the franchisee must comply with their directions at their own expense.