Can an Ella Cafe franchisee display menu items identified by the Ella Cafe Marks on any website?
Ella_Cafe Franchise · 2024 FDDAnswer from 2024 FDD Document
on the Internet, except as expressly permitted in writing. Without limiting the generality of the foregoing, Franchisee must not use the Marks or any part or derivative of the Marks or any abbreviation, acronym, or phonetic variation thereof as part of any URL, domain name, including but not limited to any gaming Website, social networking Website, or marketing/discounting Website; as part of any user name; as part of any unauthorized email address; or as part of any unauthorized software application (app). Franchisee must not display on any Website (including commercial Websites, gaming Websites, social networking Websites, and marketing and advertising Websites) any of Franchisor's Copyrighted Works, which include the design portion of its Marks, or any menu items or collateral merchandise identified by the Marks. Additionally, Franchisee acknowledges that Franchisor is the lawful, rightful, and sole owner of certain Internet domain names that have been established or may be established by Franchisor in the future, and Franchisee unconditionally disclaims any ownership interest in any of Franchisor's domain names or any colorably similar Internet domain name(s).
- 12.5 Notice. Franchisee must identify itself as an independent franchise owner of the Coffee House in conjunction with any use of the Marks or operation of the Coffee House, including, but not limited to, use on email signatures, invoices, order forms, receipts, business stationery, business cards, employment and payroll documents, and contracts, as well as at such conspicuous locations at the Coffee House as Franchisor requires. The form and content of such notice must comply with Franchisor's requirements.
- 12.6 Infringement. Franchisee must notify Franchisor immediately of any apparent infringement of or challenge to Franchisee's use of any Mark and of any claim by any person of any rights in any Mark or any Copyrighted Works.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2024 FDD)
According to Ella Cafe's 2024 Franchise Disclosure Document, franchisees are generally restricted from displaying menu items identified by the Ella Cafe Marks on any website. The FDD states that franchisees must not display on any website any of Ella Cafe's copyrighted works, which include the design portion of its marks, or any menu items or collateral merchandise identified by the marks. This restriction applies to all types of websites, including commercial, gaming, social networking, and marketing/advertising websites.
However, Ella Cafe may create and license to the franchisee social media accounts, e-mail marketing software accounts and other electronic accounts that use the Marks or any portion of them, used by the Franchisee with any Internet directory, website, platform, or similar item in the operation of the Franchised Business. The franchisee may not create websites, social media accounts, e-mail marketing software accounts or other comparable accounts outside of those which Ella Cafe license to the franchisee.
This policy ensures that Ella Cafe maintains control over its brand and online presence. While franchisees cannot independently display branded menu items online, they are expected to cooperate with Ella Cafe's e-commerce and social media advertising programs. Franchisees must also place and pay for business listings in online directories as required by Ella Cafe. Prospective franchisees should discuss with Ella Cafe the specifics of approved online marketing activities and any associated costs to fully understand their obligations and opportunities in this area.