Can a Devon Creek franchisee use the Devon Creek Marks for any other business?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
With respect to Franchisee's use of the Intellectual Property pursuant to this Agreement, Franchisee further agrees that:
- 14.7.1 Unless otherwise authorized or required by Franchisor, Franchisee shall advertise the Franchised Business only under the Marks "Devon Creek" and design.
Franchisee shall not use the Marks, or any portions, variations, or derivatives thereof as part of its corporate or other legal name.
All fictitious names used by Franchisee shall bear the designation "a Devon Creek".
- 14.7.2.
Franchisee shall identify itself as the owner of the Franchised Business and as an independent Devon Creek franchisee in conjunction with any use of the Intellectual Property, including, but not limited to, uses on invoices, order forms, receipts and contracts, as well as the display of a notice in such content and form and at such conspicuous location upon the office and vehicle(s), as directed by Franchisor, used in the Franchised Business, as Franchisor may designate in writing.
- 14.7.3.
Franchisee shall not use the Intellectual Property to incur any obligation or indebtedness on behalf of Franchisor.
- 14.7.4.
Any item offered by Franchisee that contains the Marks, must be approved by Franchisor in writing prior to being distributed or sold by Franchisee and such approval may be granted or denied in Franchisor's sole and absolute discretion.
Source: Item 16 — RESTRICTION ON WHAT FRANCHISEE MAY SELL (FDD page 37)
What This Means (2024 FDD)
According to Devon Creek's 2024 Franchise Disclosure Document, franchisees are generally restricted in how they can use the Devon Creek marks. The agreement specifies that franchisees must advertise their franchised business only under the marks "Devon Creek" and design, unless the franchisor authorizes or requires otherwise. Franchisees are explicitly prohibited from using the marks, or any variations of them, as part of their corporate or legal name. If a franchisee uses a fictitious name, it must include the designation "a Devon Creek".
Devon Creek franchisees must identify themselves as the owner of the franchised business and as an independent Devon Creek franchisee in conjunction with any use of the intellectual property. This includes uses on invoices, order forms, receipts, and contracts. They must also display a notice in a conspicuous location upon the office and vehicles used in the franchised business, as directed by Devon Creek. Franchisees cannot use the intellectual property to incur any obligation or indebtedness on behalf of Devon Creek.
Any item offered by a Devon Creek franchisee that contains the marks must receive written approval from Devon Creek before being distributed or sold. This approval can be granted or denied at Devon Creek's discretion. These restrictions ensure that the Devon Creek brand is protected and used consistently across all franchise locations, preventing franchisees from leveraging the brand for unauthorized business ventures.