Under what conditions can a franchisee use the Even Hotels Marks in connection with the operation of the Hotel?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
e 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
detrimental to or inconsistent with the good name, good will or favorable reputation and image of the Marks or Holiday. Under the License, any unauthorized or unpermitted use of the Marks will be considered infringement of Holiday's rights.
You must notify Holiday immediately when you learn of an infringement, or a challenge to your use of the Marks. You must also notify Holiday promptly of any objections, demands, controversies, allegations or actions asserted or taken by third parties involving any of the Marks or any part of the Brand System of which you become aware and of any potentially infringing or unauthorized uses of any of the Marks or any part of the Brand System of which you become aware. You must sign any documents Holiday or its counsel consider necessary to protect the Marks or any part of the Brand System and obtain or maintain their continued validity and enforceability. However, the License does not require Holiday to take action against infringers or to indemnify or defend you if you are a party to a proceeding involving the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 83–85)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, a franchisee's use of the Even Hotels Marks is restricted to the operation of the Hotel during the License Term. This usage can commence either after the Hotel opens within the Brand System or earlier if Holiday (the franchisor) provides authorization. The franchisee must adhere to Holiday's authorized manner of use, ensuring that the Marks do not become generic, lose distinctiveness, mislead the public, or negatively impact the goodwill and reputation of the Marks or Holiday. Unauthorized use of the Marks is considered an infringement of Holiday's rights.
Even Hotels requires franchisees to use the Marks and all forms of identification visible to the public or used to identify the hotel to consumers in compliance with Holiday's requirements. These restrictions apply across all formats, including print, electronic media, domain names, and URLs. Franchisees are specifically prohibited from registering any of the Marks as part of an internet domain name or URL, or displaying the Marks on any website without authorization.
Furthermore, the naming of the Hotel is Holiday's sole decision, and unless otherwise agreed in writing, the Hotel's name will be as set forth at the beginning of the License. The name of the Hotel may not be changed except at Holiday's sole decision. Franchisees must also notify Holiday immediately upon learning of any infringement or challenges to the use of the Marks. This includes any objections, demands, controversies, or actions by third parties involving the Marks or any part of the Brand System. Franchisees are required to sign documents deemed necessary by Holiday to protect the Marks and maintain their validity and enforceability.