Does the Even Hotels agreement specify any limitations on the Company's right to use Customer's trademarks?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
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- TRADEMARKS. Neither Customer nor Company will make use of the other's trademarks or logos (either alone or in conjunction with their or another party's trademarks or logos) without the prior written consent of that party, and Customer will not make use of any of the Bottler's trademarks or logos (either alone or in conjunction with their or another party's trademarks or logos) without the prior written consent of the Bottler, and all use of the other party's trademarks will inure to the benefit of trademark owner. For purposes of this Agreement, Company's and Customer's trademarks include trademarks owned, licensed to or controlled by an entity in which Company or Customer, respectively, has a 50% or more ownership interest. Each Party agrees that its approval will not be withheld or delayed unless (i) Customer determines that a Customer Mark has been used incorrectly for technical reasons (i.e., lack of trademark conformity) or (ii) Customer reasonably determines that the proposed activity or use would reflect negatively on Customer or the Participating System Hotels.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to the 2025 Even Hotels Franchise Disclosure Document, both Even Hotels and the franchisee (referred to as 'Customer') have limitations on using each other's trademarks. Specifically, neither party can use the other's trademarks or logos without prior written consent. This restriction extends to using the trademarks alone or in conjunction with other trademarks or logos. Any use of the other party's trademarks will benefit the trademark owner.
For the purposes of the agreement, the trademarks of Even Hotels and the franchisee include trademarks owned, licensed, or controlled by an entity in which either party has a 50% or more ownership interest. This ensures that affiliated entities are also covered by the trademark usage agreement.
Approval for trademark use will not be withheld or delayed unless the franchisee determines that an Even Hotels mark has been used incorrectly for technical reasons, such as a lack of trademark conformity. Additionally, approval can be withheld if the franchisee reasonably determines that the proposed activity or use would reflect negatively on the franchisee or the participating Even Hotels system. This provision allows the franchisee to protect its brand reputation and standards.