factual

What happens to the goodwill associated with the Epcon Communities Marks upon expiration of the franchise agreement?

Epcon_Communities Franchise · 2025 FDD

Answer from 2025 FDD Document

ectly induce any such person to leave his or her employment without the specific written consent of Franchisor. Additionally, Franchisee shall not employ or seek to employ former employees of any of Franchisor, Franchisor's agents or representatives, or any other Epcon Communities franchisees during the period of one year commencing upon the date that such employee's employment ended.

  • 5.9 In order to further protect the Development System, the Epcon Communities Works, the Marks and the goodwill associated therewith, Franchisee shall:
  • (a) Except where prohibited by state law to the contrary, identify its Project(s) in its advertising as prescribed in Franchisor's Manuals, advertise under the Marks designated by Franchisor for use for that purpose and use such Marks without prefix or suffix, except where such use may conflict with a prior registration or use or may be required by applicable state law or regulation, in which event Franchisee shall operate and advertise under such other names as Franchisor has previously approved in writing. Franchisor shall have the right to restrict the use by Franchisee of Franchisee's business entity name or trade name in its advertising and promotional materials.
    • (b) Feature and use the Marks solely in the manner prescribed by Franchisor.
  • (c) Observe such reasonable requirements with respect to service mark, trade name, trademark and fictitious name registrations and copyright and patent ownership notices as Franchisor may, from time to time, direct in writing.
    • (d) Comply with the provisions of Article 6, Section 7.3, and Section 10.5 hereof.

Source: Item 23 — RECEIPTS (FDD pages 86–280)

What This Means (2025 FDD)

According to the 2025 Epcon Communities Franchise Disclosure Document, franchisees must protect the goodwill associated with the Epcon Communities Marks. Specifically, franchisees must identify their projects as prescribed in the manuals, advertise under the marks designated by Epcon Communities, and use such marks without prefix or suffix, except where such use may conflict with a prior registration or use or may be required by applicable state law or regulation.

The Epcon Communities Franchise Disclosure Document states that the franchisee must adhere to specific guidelines to protect the goodwill associated with the marks. The franchisee must feature and use the marks solely in the manner prescribed by Epcon Communities and observe reasonable requirements regarding service mark, trade name, trademark, and fictitious name registrations and copyright and patent ownership notices as directed by Epcon Communities.

The sublicensee acknowledges Epcon Communities's sole and exclusive rights in and to the Development System, Epcon Communities Works and the Marks, and Sublicensee agrees that it will do nothing inconsistent with such rights and interests and that all use of the Development System, Epcon Communities Works and the Marks by Sublicensee shall inure to the benefit of and be on behalf of Franchisor.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.