How should a Fat Shack franchisee display the Fat Shack marks at the Fat Shack Restaurant, on packaging, serving materials, and in connection with forms, advertising, and marketing?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee hereby acknowledges that FSI has the sole right to license and control Franchisee's use of the FAT SHACK service mark, design and other of the Marks, and that such Marks shall remain under the sole and exclusive ownership and control of FSI. Franchisee acknowledges that it has not acquired any right, title or interest in the Marks except for the right to use the Marks in the operation of its FAT SHACK Restaurant as it is governed by this Agreement. Franchisee shall display the Marks prominently at the FAT SHACK Restaurant and on packaging and serving materials and in connection with forms, advertising and marketing, all in a manner as FSI shall prescribe. Franchisee further agrees that no Marks other than "FAT SHACK®," "LATE NIGHT DONE RIGHT®" or such other trademarks as may be specified by FSI shall be used in the marketing, promotion, identification or operation of the FAT SHACK Restaurant, except with FSI's prior written consent. Franchisee may not use any of the Marks, except as allowed by FSI in writing, as part of any domain name or electronic address it maintains on the Internet, the World Wide Web, or any other similar proprietary or common carrier electronic delivery system.
Source: Item 23 — Receipts (FDD pages 53–223)
What This Means (2025 FDD)
According to Fat Shack's 2025 Franchise Disclosure Document, a franchisee must prominently display Fat Shack's marks at the restaurant, on packaging and serving materials, and in connection with forms, advertising, and marketing. The manner of display must be as Fat Shack prescribes. The franchisee acknowledges that Fat Shack, Inc. (FSI) has the sole right to license and control the franchisee's use of the Fat Shack service mark, design, and other marks, and that these marks remain under FSI's exclusive ownership and control. The franchisee only acquires the right to use the marks in the operation of their Fat Shack Restaurant as governed by the Franchise Agreement.
Besides the core "FAT SHACK®" mark, franchisees may also use "LATE NIGHT DONE RIGHT®" or other trademarks specified by Fat Shack. Use of any other marks requires Fat Shack's prior written consent. Furthermore, franchisees are restricted from using any of the marks as part of a domain name or electronic address on the Internet, the World Wide Web, or any similar electronic delivery system, unless expressly allowed by Fat Shack in writing.
Fat Shack retains the right to inspect the restaurant location at all times and require changes to protect its Licensed Methods and Marks. This includes the removal of signs or other items not in accordance with the Licensed Methods or System. The franchisee must also get Fat Shack's prior written approval for all written advertising or other marketing or promotional programs not previously approved by Fat Shack regarding the Fat Shack Restaurant. Overall, Fat Shack maintains significant control over brand presentation and marketing to ensure consistency and quality across all franchise locations.