What constitutes misuse or unauthorized use of Fitstop's Proprietary Marks?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
3.2 You agree that you must use our Marks and IP strictly in compliance with this Agreement, Franchise System and Manual (s), as we may update, suppl
©2024 Fitstop USA, Inc. 19.3 Injunctive Relief. You acknowledge and agree that irreparable harm could be caused to us by your violation of certain provisions of this Agreement and, as such, in addition to any other relief available at law or equity, we shall be entitled to obtain in any court of competent jurisdiction, without bond, restraining orders or temporary or permanent injunctions in order to enforce, among other items, the provisions of this Agreement relating to: (i) your unauthorized use of the Proprietary Marks and Confidential Information (including any proprietary software used in connection with the Franchised Business);
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, Fitstop franchisees must use the Proprietary Marks in strict compliance with the franchise agreement, the Franchise System, and the Manual(s).
Fitstop reserves the right to seek injunctive relief in the event of unauthorized use of the Proprietary Marks. This means Fitstop can pursue court orders to immediately stop a franchisee's actions that infringe upon their trademarks. The franchise agreement specifies that irreparable harm could be caused to Fitstop by a franchisee's violation of provisions related to the unauthorized use of the Proprietary Marks and Confidential Information. This includes any proprietary software used in connection with the Franchised Business.
Fitstop may seek restraining orders or temporary or permanent injunctions in any court of competent jurisdiction, without bond. These measures are intended to enforce the provisions of the agreement and protect Fitstop's brand and intellectual property. The franchisee's only remedy if such an injunction is entered is to seek dissolution of the injunction if they prevail in a proceeding. This underscores the importance of adhering to Fitstop's guidelines and standards for using its Proprietary Marks to avoid potential legal issues and business disruption.