What is the relationship between Item 13 and Item 14 regarding copyright protection for Even Hotels?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
The "Marks" consist of the name and mark "EVEN" and the other service marks, trademarks, trade names, slogans, commercial symbols, logos, trade dress, copyrighted material and intellectual property associated with the Brand System, including those which Holiday may designate in the future and those which Holiday does not designate as withdrawn from use.
Other than the Master License Agreement (see Item 1) and the SCL and IHGAP License Agreements (see Item 1), there are no agreements currently in effect which may significantly limit Holiday's rights to use or license the use of its principal trademark, and it believes that there are no infringements of its principal trademark that could materially affect your use in this state or in the state where your hotel is located.
There are no effective determinations of the USPTO, Trademark Trial and Appeal Board, the Trademark Administrator of any state or any court, and no pending interference, no known infringing use or opposition or cancellation proceedings or any pending material litigation involving the Marks that could materially affect your use of the principal trademarks.
The License restricts your use of the Marks, and you must use the Marks and all forms of identification that are seen by members of the consuming public or used to identify the hotel to actual or prospective consumers only in compliance with Holiday's requirements. The restrictions and requirements that limit your use of the Marks and identifications apply to all formats (including print, electronic and other media) and include domain names, Uniform Resource Locator ("URL"), and other identifications or elements used in electronic commerce. You may not register any of the Marks as part of any internet domain name or URL, and/or display or use any of the Marks or other intellectual property rights related to the Brand System in connection with any web site (see Item 11).
You may use the Marks only in connection with the operation of the Hotel during the License Term, following opening of the Hotel in the Brand System or at any earlier time that Holiday authorizes. You may use the Marks only in the manner that Holiday authorizes, and in no way that would tend to allow the Marks to become generic, lose their distinctiveness, become liable to mislead the public or be
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD page 85)
What This Means (2025 FDD)
Based on the 2025 FDD, Item 13 (Trademarks) for Even Hotels defines the scope of intellectual property that the franchisor, Holiday, licenses to the franchisee. This includes not only trademarks and service marks but also trade dress, copyrighted material, and other intellectual property associated with the Brand System. The franchisee's use of these Marks is restricted and must comply with Holiday's requirements across all formats, including print and electronic media. Franchisees are specifically prohibited from registering any of the Marks as part of an internet domain name or URL. Unauthorized use of the Marks constitutes an infringement of Holiday's rights. Franchisees must notify Holiday immediately of any infringements or challenges to the use of the Marks. However, Holiday is not obligated to take action against infringers or indemnify the franchisee in proceedings involving the Marks. Holiday retains the right to control any administrative proceedings or litigation involving the licensed trademarks. The franchisee is required to cooperate fully with Holiday in these matters and cannot initiate litigation against infringers to enforce or protect the Brand System. If Holiday modifies or discontinues the use of any Marks due to legal proceedings or settlements, the franchisee must comply with Holiday's instructions without any right to compensation. The naming of the hotel remains Holiday's sole decision, and the franchisee cannot change the name without written consent from Holiday.
While Item 13 explicitly covers trademarks, service marks, trade dress, and copyrighted material, the provided excerpts do not contain Item 14. Therefore, the direct relationship between Item 13 and Item 14 regarding copyright protection cannot be fully established based on the available information.
To fully understand the relationship between Item 13 and Item 14, a prospective Even Hotels franchisee should request a complete copy of the 2025 FDD from the franchisor and carefully review Item 14 to determine how it relates to the copyright and trademark protections outlined in Item 13. Specifically, the franchisee should look for any discussion of insurance coverage for intellectual property infringement, as this is a common topic in Item 14.