What specific marks does Fat Shack license to franchisees?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
We license to you the right to use the Mark "FAT SHACK" and other trademarks, service marks and commercial symbols that we may authorize (collectively, the "Marks").
The following Marks have been registered with the United States Patent and Trademark Office ("USPTO"):
| Mark | Registration Number | Registration Date | Register |
|---|---|---|---|
| FAT SHACK | 4126414 | April 10, 2012 | Principal Register |
| LATE NIGHT DONE RIGHT | 4547630 | June 10, 2014 | Principal Register |
| 5793283 | July 2, 2019 | Principal Register |
We have filed all required affidavits related to these Marks. We intend to further renew the registration of some or all of these Marks at the appropriate time. We have also registered additional Marks on the USPTO's Principal Register that identify certain of our FAT sandwiches.
In addition to those Marks listed above, we claim common law service or trademark rights to a number of other words, phrases, or designs that you may use in your FAT SHACK Restaurant. These words, phrases and designs include names of our "Fat" sandwiches, the tagline, "Burgers, Wings, Fat Sandwiches," and designs used on our packaging. The following statements apply solely to any unregistered trademarks and service marks: We do not have a federal registration for these trademarks. Therefore these trademarks do not have as many legal benefits and rights as federally registered trademarks. If our right to use these trademarks is challenged, you may have to change to an alternative trademark, which may increase your expenses.
Under the Franchise Agreement, we grant you the right and license to use the Marks solely in connection with your FAT SHACK Restaurant. You may use the Marks only in the manner authorized and permitted by us and you may not directly or indirectly contest our ownership or rights in the Marks. You cannot use any of the Marks or any portions or variations of them as part of your business name. You cannot use the Marks as part of an electronic address, domain name or on any websites on the Internet, or with modifying words, designs or symbols, except as we may license to you, without our prior written consent, which may be withheld for any reason. You may not use the Marks with an unauthorized product or service, or in a manner not authorized in writing by us. You must modify or discontinue your use of the Marks if we require the modification or discontinuance of them, at your expense.
To our knowledge, there are no agreements in effect that significantly limit our rights to use or license the use of the Marks in any manner. To our knowledge, there are no presently effective determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court, any pending infringement, opposition or cancellation proceedings or any pending material litigation involving any of the Marks which are relevant to their use.
You must notify us immediately if you become aware of any apparent infringement of or challenge to your use of any Mark.
The Franchise Agreement does not contain any provisions under which we are required to defend or indemnify you against any claims of infringement or unfair competition arising out of your use of the Marks. However, we may take action to protect you against claims of infringement or unfair competition involving the Marks, when you are using the Marks in compliance with your Franchise Agreement, if, in the opinion of our counsel, the circumstances justify our intervention. If we decide to protect you, we will reimburse you for your costs, including attorney's fees and court costs, associated with any litigation we commence or defend on your behalf to protect the licensed Marks and your rights to use them, from amounts we recover in the litigation (if any), which are in excess of our costs. You are obligated to fully cooperate with us in any litigation we commence or defend related to the Marks. If we do not elect to protect you against claims of infringement or unfair competition, you may take steps to protect yourself at your own expense.
Source: Item 13 — Trademarks (FDD pages 39–40)
What This Means (2025 FDD)
According to Fat Shack's 2025 Franchise Disclosure Document, franchisees are granted the right to use the mark "FAT SHACK" along with other trademarks, service marks, and commercial symbols that Fat Shack may authorize. Several marks are registered with the United States Patent and Trademark Office (USPTO). These registered marks include "FAT SHACK" (Registration Number 4126414, registered April 10, 2012), "LATE NIGHT DONE RIGHT" (Registration Number 4547630, registered June 10, 2014), and another mark (Registration Number 5793283, registered July 2, 2019). All these marks are on the Principal Register.
In addition to the registered trademarks, Fat Shack claims common law service or trademark rights to other words, phrases, or designs used in the restaurant. These include names of "Fat" sandwiches and the tagline "Burgers, Wings, Fat Sandwiches," as well as designs used on packaging. However, these unregistered trademarks do not have the same legal protections as federally registered trademarks. If the right to use these unregistered trademarks is challenged, franchisees may need to switch to alternative trademarks, potentially increasing expenses.
Fat Shack's franchisees can only use the marks in connection with their Fat Shack Restaurant and in the manner authorized by Fat Shack. Franchisees cannot contest Fat Shack's ownership or rights to the marks, nor can they use the marks as part of their business name, electronic address, domain name, or on websites without prior written consent. The marks also cannot be used with unauthorized products or services. Fat Shack can require franchisees to modify or discontinue the use of the marks at the franchisee's expense.
While the Franchise Agreement does not require Fat Shack to defend or indemnify franchisees against infringement claims, Fat Shack may take action to protect franchisees using the marks in compliance with the agreement if its counsel deems it justified. If Fat Shack decides to protect a franchisee, it will reimburse the franchisee's costs from any litigation recoveries exceeding Fat Shack's costs. Franchisees must notify Fat Shack of any apparent infringement or challenge to the use of any mark and must cooperate fully in any related litigation. If Fat Shack does not elect to protect a franchisee, the franchisee may take steps to protect themselves at their own expense.