What specific rights relating to the Marks can Gold Star enforce by judicial process?
Gold_Star Franchise · 2025 FDDAnswer from 2025 FDD Document
licable provisions of the Franchise Laws or other laws of the state wherein the Store is located such clause shall be considered modified to the extent, and only to the extent, necessary to conform with such mandatory provisions of that state's laws. As stated in this Agreement, the term "Franchise Law" means any mandatory provision of the law of any state which specifically regulates the offer, sale, termination, renewal or other specific aspects of franchises and does not mean the general laws other than such specific franchise act. Except as expressly provided to the contrary herein, each provision of this Agreement shall be considered severable and the invalidity or unenforceability of any part of this Agreement shall not affect the balance of this Agreement.
- 22.2 Litigation. The COMPANY shall have the right to enforce by judicial process its right to collect (and its right to an accounting incident thereto) any amounts owed to the COMPANY for unpaid franchise fees, advertising, contributions,
payments for Products or other purchases or charges, any rights it may have under any security agreements and/or notes of FRANCHISEE, and all rights relating to the Marks and FRANCHISEE shall pay all costs and expenses (including reasonable attorneys' fees) incurred in connection therewith.
Source: Item 23 — Receipts (FDD pages 53–163)
What This Means (2025 FDD)
According to Gold Star's 2025 Franchise Disclosure Document, Gold Star has the right to enforce, through judicial process, its right to collect any amounts owed for unpaid franchise fees, advertising contributions, payments for products or other purchases, and any rights under security agreements or notes of the franchisee. This also extends to all rights relating to the Marks. The franchisee is responsible for all costs and expenses, including reasonable attorney's fees, that Gold Star incurs in connection with enforcing these rights.
Furthermore, Gold Star is entitled to seek temporary and permanent injunctions and orders of specific performance, without needing to post a bond, to enforce provisions of the franchise agreement. These provisions specifically relate to the use of the Marks, confidential material, or competition, as well as the rights and obligations upon termination or expiration of the agreement. This also covers rights and obligations relating to any transfer or similar matters that could potentially cause irreparable harm to Gold Star.
In addition to injunctive relief, Gold Star can seek provisional remedies from a court, such as unlawful detainer or eviction, judicial foreclosure of liens, claims in bankruptcy, and similar remedies. Seeking such injunctive or provisional relief does not waive Gold Star's right to compel the use of the procedures outlined in the agreement. This ensures Gold Star can protect its brand and financial interests through legal means if a franchisee fails to meet their obligations or infringes upon the brand's intellectual property.