Can I use Crown Gold Exchange's copyrighted materials during the term of the franchise?
Crown_Gold_Exchange Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee must temporarily cease operations of the Business and remedy the dangerous condition. Crown Gold Franchising shall have no liability to Franchisee or any other person for action or failure to act with respect to a dangerous condition.
ARTICLE 12. MARKS
12.1 Authorized Marks. Franchisee shall use no trademarks, service marks or logos in connection with the Business other than the Marks. Franchisee shall use all Marks specified by Crown Gold Franchising, and only in the manner as Crown Gold Franchising may require. Franchisee has no rights in the Marks other than the right to use them in the operation of the Business in compliance with this Agreement. All use of the Marks by Franchisee and any goodwill
associated with the Marks, including any goodwill arising due to Franchisee's operation of the Business, will inure to the exclusive benefit of Crown Gold Franchising.
12.2 Change of Marks. Crown Gold Franchising may add, modify, or discontinue any Marks to be used under the System. Within a reasonable time after Crown Gold Franchising makes any such change, Franchisee must comply with the change, at Franchisee's expense.
12.3 Infringement.
- (a) Defense of Franchisee. If Franchisee has used the Marks in accordance with this Agreement, then (i) Crown Gold Franchising shall defend Franchisee (at Crown Gold Franchising's expense) against any Action by a third-party alleging infringement by Franchisee's use of a Mark, and (ii) Crown Gold Franchising will indemnify Franchisee for expenses and damages if the Action is resolved unfavorably to Franchisee.
- (b) Infringement by Third Party. Franchisee shall promptly notify Crown Gold Franchising if Franchisee becomes aware of any possible infringement of a Mark by a third party.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 27–28)
What This Means (2024 FDD)
According to the 2024 Crown Gold Exchange Franchise Disclosure Document, franchisees are permitted to use Crown Gold Exchange's trademarks, service marks, and logos, but only those specified by Crown Gold Exchange and only in the manner that Crown Gold Exchange requires. Franchisees have no rights in the marks other than the right to use them in the operation of the business in compliance with the Franchise Agreement. All use of the marks by the franchisee and any goodwill associated with the marks will inure to the exclusive benefit of Crown Gold Franchising.
Crown Gold Exchange retains the right to add, modify, or discontinue any marks used under the system. Franchisees must comply with any such change at their own expense within a reasonable time after Crown Gold Exchange makes the change.
Upon termination or expiration of the Franchise Agreement, the franchisee must return to Crown Gold Franchising all copies of the Manual, Confidential Information and any and all other materials provided by Crown Gold Franchising to Franchisee or created by a third party for Franchisee relating to the operation of the Business, and all items containing any Marks, copyrights, and other proprietary items; and delete all Confidential Information and proprietary materials from electronic devices; and cease doing business under any of the Marks.