Can a Face Foundrie franchisee use the brand's trademarks for businesses other than the Facial Bar?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
ledged that all pre-opening and opening services required to be provided by Franchisor were sufficient and satisfactory in Franchisee's judgment, and complied with all representations made to Franchisee.
- 4.08 Inspections. Franchisor shall conduct, as it deems advisable, inspections of the operation of the Facial Bar by Franchisee.
5. TRADEMARKS; MODIFICATIONS.
5.01 Ownership of the Marks. Franchisee acknowledges that Franchisor and its Affiliates own all right, title and interest in and to the Marks. Franchisee's right to use the Marks is derived solely from this Agreement and is limited to conducting a facial bar business at or in connection with the Facial Bar pursuant to and in compliance with this Agreement. Franchisee's unauthorized use of any of the Marks constitutes a breach of this Agreement and an infringement of Franchisor's and its Affiliates' rights to the Marks. This Agreement does not confer on Franchisee any goodwill or other interests in the Marks. Franchisee's use of the Marks and any goodwill established thereby inures to the exclusive benefit of Franchisor and its Affiliates. All
provisions of this Agreement applicable to the Marks apply to any additional or substitute trademarks, service marks and trade dress Franchisor authorizes Franchisee to use. Franchisee agrees not to, at any time during or after the Term, contest, or assist any other Person in contesting, the validity or ownership of any of the Marks.
- 5.02 Use of the Marks. Franchisee agrees to use the Marks as the sole identification of the Facial Bar and identify itself as the independent owner thereof in the manner Franchisor prescribes. Franchisee agrees to use only the Marks as Franchisor prescribes in connection with the Facial Bar and the sale of authorized products and services.
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD page 50)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, a franchisee's right to use the brand's trademarks is explicitly limited to conducting a facial bar business. The agreement specifies that unauthorized use of the trademarks constitutes a breach of the agreement and an infringement of Face Foundrie's rights. Franchisees do not acquire any goodwill or other interests in the marks, and all benefits from their use inure exclusively to Face Foundrie.
The franchisee must use the marks as the sole identification of the Facial Bar and identify themselves as the independent owner in the manner prescribed by Face Foundrie. They are only permitted to use the marks in connection with the Facial Bar and the sale of authorized products and services.
Furthermore, franchisees are prohibited from using any mark (or any abbreviation, modification, or colorable imitation) as part of any corporate or legal business name or in any other manner, including any Internet-related use, unless expressly authorized by Face Foundrie in writing. This restriction extends to electronic media identifiers, websites, web pages, and domain names. The franchisee has no right to use the Marks in connection with any business other than the Facial Bar.