Does FSI have sole rights to all domain names associated with any Fat Shack Mark?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
or its designee. Franchisee acknowledges that, as between Franchisee and FSI, FSI has the sole rights to and interest in all telephone, telecopy or facsimile machine numbers and directory listings, all domain names, and social media websites or accounts associated with any Mark. Franchisee authorizes FSI, and hereby appoints FSI and any of its officers as Franchisee's attorney-in-fact, to direct the telephone company and all telephone directory publishers, domain name registration companies, and social media website operators to transfer any telephone, telecopy or facsimile machine numbers, directory listings, domain names, and social media websites and accounts relating to the FAT SHACK Restaurant to FSI or its designee, should Franchisee fail or refuse to do so, and the telephone company and all telephone directory publishers, domain name registration companies, and social media website operators may accept such direction or this Agreement as conclusive evidence of FSI's exclusive rights in such telephone numbers, directory listings, domain names, and social media websites and accounts, and FSI's authority to direct their transfer.
- h. Abide by all restrictive covenants set forth in Article 21 of this Agreement.
- i. Pay all third parties all amounts then owed to them for products or services directly or indirectly related to the FAT SHACK Restaurant.
19.9. Terminology
For purposes of this Agreement, wherever the term "expiration" or "termination" is used, it is intended to refer to both situations, unless the context indicates otherwise. Any terms herein that apply upon expiration or termination shall also apply for a transferor upon a transfer.
19.10.
Source: Item 23 — Receipts (FDD pages 53–223)
What This Means (2025 FDD)
According to Fat Shack's 2025 Franchise Disclosure Document, FSI (presumably Fat Shack, Inc.) maintains sole rights to all domain names associated with any Fat Shack mark. This extends to telephone and telecopy numbers, directory listings, and social media accounts as well.
This means that as a franchisee, you cannot independently own or control any domain names, social media accounts, or phone numbers that use the Fat Shack brand. Fat Shack retains complete control over its brand's online and telecommunications presence. If a franchisee were to obtain any of these assets, they would be required to transfer them to FSI.
Furthermore, the FDD outlines that Fat Shack, Inc. is authorized to act as the franchisee's attorney-in-fact to ensure the transfer of these assets. This allows Fat Shack to directly manage the transfer of domain names, phone numbers, and social media accounts if a franchisee fails or refuses to do so. This ensures that Fat Shack maintains consistent brand control and prevents any unauthorized use of its trademarks and online presence.
Upon termination or expiration of the franchise agreement, the franchisee must notify all relevant service providers (telephone companies, domain registrars, social media platforms) of the termination of their rights to use any phone numbers, domain names, or social media accounts associated with the Fat Shack brand. They must also complete all necessary forms to authorize the transfer of these assets back to Fat Shack or its designee. This provision reinforces Fat Shack's ownership and control over its brand identity and online presence, even after a franchise agreement ends.