What is the Crisp & Green franchisee's obligation if there is an apparent infringement of a Mark?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
rmation, and you agree not to copy any part of the Operations Manual or to allow unauthorized persons access to the Operations Manual.
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.
5.04 Notification of Infringements and Claims. You must notify us immediately of any apparent infringement of or challenge to your use of any Mark, or any claim by another person of any rights in any Mark. You may not communicate with any person, other than us and our counsel (or other advisor as we may designate), in connection with any such infringement, challenge or claim. We will have sole discretion to take such action as we deem appropriate and will have the right to control exclusively any litigation or U.S. Patent and Trademark Office proceeding arising out of any such infringement, challenge or claim or otherwise relating to any Mark. You must sign any and all documents, render such assistance and do such things as may be advisable in the opinion of us or our counsel to protect our interests in any litigation or U.S.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, franchisees must adhere to specific guidelines regarding the use of Crisp & Green's trademarks. Franchisees are obligated to use the Marks as the sole identification of their Franchised Restaurant, while also clearly identifying themselves as the independent owner in a manner prescribed by Crisp & Green. This includes using the Marks as instructed when selling authorized food products, beverages, and services. Franchisees are explicitly prohibited from using any Mark, abbreviation, modification, or imitation as part of any corporate or legal business name, or in any unauthorized manner, including electronic media identifiers like websites or domain names, unless expressly authorized in writing by Crisp & Green.
If Crisp & Green deems it advisable to modify or discontinue the use of any Mark, or to introduce additional or substitute trademarks, service marks, or trade dress, franchisees must comply with Crisp & Green's directions at their own expense within a reasonable timeframe after receiving notice. Crisp & Green assumes no liability or obligation regarding any required modification or discontinuance of any Mark, or the promotion of a substitute trademark, service mark, or trade dress.
In the state of Minnesota, Crisp & Green will protect the franchisee's right to use the trademarks, service marks, trade names, logotypes, or other commercial symbols and will indemnify the franchisee from any losses, costs, or expenses arising out of any claim, suit, or demand regarding the proper use of the name. Crisp & Green will reimburse the franchisee for any costs incurred in defending the right to use the Marks, provided the Marks were used in the authorized manner, Crisp & Green is promptly notified of the claim, and Crisp & Green is given the right to manage the defense, including the ability to compromise, settle, or appeal the claim.