Are there any pending proceedings in the Copyright Office regarding Even Hotels copyrights?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
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)
According to Even Hotels's 2025 Franchise Disclosure Document, there are no pending proceedings regarding the brand's principal trademarks that could materially affect a franchisee's use of those trademarks. Specifically, the FDD states there are no effective determinations by the USPTO, Trademark Trial and Appeal Board, or any court, and no pending interferences, infringing uses, oppositions, cancellation proceedings, or material litigation involving the marks. This statement refers to the "Marks," which include the name and mark "EVEN" and other intellectual property associated with the Brand System.
This means that as of the FDD's publication date, Even Hotels is not aware of any active legal challenges or disputes concerning its trademarks that could prevent a franchisee from using the brand's name, logos, or other identifying marks. This provides some assurance to potential franchisees that they should be able to operate under the Even Hotels brand without facing immediate legal obstacles related to trademark or copyright infringement.
However, the FDD also states that franchisees' use of the Marks is restricted and must comply with Holiday's (the parent company) requirements. Franchisees cannot register any of the Marks as part of an internet domain name or URL, or display the Marks on a website without authorization. Franchisees can only use the Marks in connection with the operation of the Hotel during the License Term and in a manner authorized by Holiday. These restrictions are typical in franchising, as franchisors need to maintain control over their brand and ensure consistent representation across all locations.
It is important for prospective Even Hotels franchisees to understand these restrictions and ensure they adhere to Holiday's guidelines for using the brand's trademarks and copyrighted materials. Failure to comply with these requirements could result in a breach of the franchise agreement and potential legal action. Franchisees should also stay informed about any changes to the brand standards or usage guidelines, as Holiday may update these from time to time.