Does the Even Hotels licensee acknowledge IHG's ownership of the Brand System?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
Licensee acknowledges and agrees: (a) not to contest, either directly or indirectly, IHG's and its Affiliates' unrestricted and exclusive ownership of and right to use the Brand System and any element(s) or component(s) thereof; (b) that IHG or any of its Affiliates has the sole and exclusive right to grant licenses to use all or any element(s) or component(s) of the Brand System; and (c) that it will not take any action in derogation of such ownership and rights of IHG and any of its Affiliates. Licensee specifically agrees and acknowledges that IHG owns or is licensed to use the name and mark "EVEN® Hotels" and all other Marks, as defined in paragraph 6.B. below, and other elements associated with the Brand System or derived therefrom (including but not limited to domain names or other identifications or elements used in electronic commerce), together with the goodwill symbolized thereby, and that Licensee will not contest, directly or indirectly, the validity or ownership of the Marks or take any other action in derogation of such validity or ownership either during the term of this License or after its termination. All improvements, modifications and additions whenever made to or associated with the Brand System by the parties hereto or anyone else, and all service marks, trademarks, copyrights, and service mark, trademark, domain name or similar registrations at any time used, applied for or granted in connection with the Brand System, and all goodwill arising from Licensee's use of IHG's Marks and other intellectual property, including (without limitation) local goodwill, shall inure to the benefit of and become the property of IHG. Upon expiration or termination of this License, no monetary amount shall be assigned as attributable to any goodwill associated with Licensee's use of the Brand System or any element(s) or component(s) of the Brand System including any trademarks or service marks licensed hereunder.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to the 2025 Even Hotels Franchise Disclosure Document, the licensee acknowledges IHG's ownership and rights to the Brand System. The licensee agrees not to contest IHG's exclusive ownership and right to use the Brand System, including all elements and components. IHG has the sole right to grant licenses to use the Brand System. The licensee is prohibited from taking any action that would undermine IHG's ownership and rights.
The Even Hotels licensee specifically acknowledges that IHG owns or is licensed to use the name and mark "EVEN® Hotels" and all other Marks, as defined in paragraph 6.B, along with other elements associated with the Brand System. This includes domain names and other identifications used in electronic commerce, as well as the goodwill symbolized by these elements. The licensee agrees not to contest the validity or ownership of the Marks or take any action that would undermine such validity or ownership, both during and after the term of the license.
All improvements, modifications, and additions made to the Brand System by any party, including service marks, trademarks, copyrights, and domain name registrations, become the property of IHG. This also includes all goodwill arising from the licensee's use of IHG's Marks and other intellectual property. Upon expiration or termination of the license, no monetary amount will be assigned to any goodwill associated with the licensee's use of the Brand System or its elements, including trademarks or service marks.