What discretion does Dollar Rent A Car have in electing measures to protect its marks?
Dollar_Rent_A_Car Franchise · 2025 FDDAnswer from 2025 FDD Document
the Marks, or (y) Affiliate Branded Business, or to a Car Sales Business, Vehicle Leasing Business, or Car Self-Service/Sharing Business of Ours, Our Affiliates or a franchisee of Ours or Our Affiliates operated under any mark used by Us or Our Affiliates other than the Marks.
- 12.14. Trade Name and Service Marks. You shall operate Your Franchised Business only using the Trade Names or under other Marks that We may authorize and specify from time to time. You shall not use the Marks as part of any legal entity name. Prior to applying or filing for any fictitious or "doing-business-as" name, You shall notify Franchisor and comply with any instructions of Franchisor relating thereto, including with respect to the addition of words before or after the Marks that reflect Your name, geographic location or other information. The Marks shall not be used in association with any business, product or service not specifically authorized by this Franchise Agreement.
- 12.15. Domain Names. You shall not register or assist others in registering the Marks or variations thereof, or any name or mark in which We have an interest, with any domain name registrar that has the authority or ability to allocate or assign Internet domain names on either the international, national, regional or local levels.
- 12.16. Franchisee Identification. You shall clearly identify Yourself by Your corporate, limited liability company or partnership trade name and as an independent franchisee of Franchisor in Your contracts and agreements of every kind, on and in all e-mail and other forms of electronic communication, in advertising, including yellow pages advertising, on Rental Agreements, checks and negotiable instruments, and all other forms and documents used in Your Franchised Business. You must hold Yourself out to the public as an independent contractor and each Location shall display a sign that identifies You as "an independent franchisee" of the Franchised System or similar language approved by Us in writing in advance. We may specify in writing the content, form and placement of the notice.
- 12.17. Public Figures. You shall not use a public figure to promote or advertise Your Franchised Business without Our prior written consent.
- 12.18. Exclusive Dealing.
Source: Item 23 — RECEIPTS (FDD pages 102–301)
What This Means (2025 FDD)
According to the 2025 Dollar Rent A Car Franchise Disclosure Document, Dollar Rent A Car has broad discretion in protecting its trademarks and service marks. The franchisee must operate their franchised business using the trade names or marks that Dollar Rent A Car authorizes and specifies. The franchisee cannot use the marks as part of any legal entity name. Before applying for any fictitious or "doing-business-as" name, the franchisee must notify Dollar Rent A Car and comply with any instructions related to it. The franchisee is prohibited from registering the marks or variations of them with any domain name registrar.
Dollar Rent A Car, along with Hertz and Thrifty, has the sole discretion to determine whether a franchisee has violated the multiple-branding restrictions. This means Dollar Rent A Car can decide if a franchisee is improperly using the Hertz, Dollar, and Thrifty marks together. Franchisees are also prohibited from using the Hertz, Dollar, and Thrifty trademarks together in any form of advertising, promotion, or marketing activities, unless specifically authorized in writing by Hertz, Dollar, and Thrifty.
These stipulations ensure that Dollar Rent A Car maintains control over its brand identity and prevents franchisees from misusing or diluting the trademarks. This protects the brand's reputation and ensures consistent representation across all franchise locations. Franchisees must adhere to these guidelines to avoid potential default and termination of their franchise agreement.