How are Golden Krust Caribbean Restaurant franchisees required to use and display the brand's Marks?
Golden_Krust_Caribbean_Restaurant Franchise · 2024 FDDAnswer from 2024 FDD Document
g. You may not at any time, copy, share, duplicate, record or otherwise reproduce any part of the Brand Standards Manual. If your copy of the Brand Standards Manual is lost, destroyed or significantly damaged, you agree to obtain a replacement copy at our then applicable charge.
VI. MARKS
A. OWNERSHIP AND GOODWILL OF MARKS
Your right to use the Marks is derived solely from this Agreement and limited to your operation of the Restaurant pursuant to and in compliance with this Agreement and all System Standards we prescribe from time to time during its term. Your unauthorized use of the Marks will be a breach of this Agreement and an infringement of our rights in and to the Marks. You acknowledge and agree that your usage of the Marks and any goodwill established by such use will be exclusively for our benefit and that this Agreement does not confer any goodwill or other interests in the Marks upon you (other than the right to operate the Restaurant in compliance with this Agreement). All provisions of this Agreement applicable to the Marks apply to any additional proprietary trade and service marks and commercial symbols we authorize you to use.
B. LIMITATIONS ON YOUR USE OF MARKS
You agree to use the Marks as the sole identification of the Restaurant, except that you agree to identify yourself as the independent owner thereof in the manner we prescribe. You may not use any Mark as part of any corporate or legal business name or with any prefix, suffix or other modifying words, terms, designs or symbols (other than logos licensed to you hereunder), or in any modified form, nor may you use any Mark in connection with the performance or sale of any unauthorized services or products or in any other manner we have not expressly authorized in writing. No Mark may be used in any advertising concerning the transfer, sale or other disposition of the Restaurant or an ownership interest in you. You agree to display the Marks prominently in the manner we prescribe at the Restaurant, on supplies or materials we designate and in connection with the forms and advertising and marketing materials. You agree to give such notices of trade and service mark registrations as we specify and to obtain any fictitious or assumed name registrations required under applicable law.
C. NOTIFICATION OF INFRINGEMENT AND CLAIMS
You agree to notify us immediately of any apparent infringement or challenge to your use of any Mark, or of any claim by any person of any rights in any Mark, and you agree not to communicate with any person other than us, our attorneys and your attorneys in connection with any such infringement, challenge or claim. We have sole discretion to take such action as we deem appropriate, and the right to control exclusively any litigation, U.S. Patent and Trademark Office proceeding or any other administrative proceeding to which you are made a party arising out of any such infringement, challenge or claim or otherwise relating to any Mark, and you agree to indemnify and hold us harmless in connection with any costs and expenses associated with such action. You agree to sign any and all instruments and documents, render such assistance and do such acts and things as, in the opinion of our attorneys, may be necessary or advisable to protect and maintain our interests in any litigation or Patent and Trademark Office or other proceeding or otherwise to protect and maintain our interests in the Marks.
D. DISCONTINUANCE OF USE OF MARKS
If it becomes advisable at any time in our sole discretion for us and/or you to modify or discontinue the use of any Mark and/or use one or more additional or substitute trade or service marks, you agree to comply with our directions within a reasonable time after receiving notice thereof. We will not be obligated
to reimburse you for any loss of revenue attributable to any modified or discontinued Mark or for any expenditures you make to promote a modified or substitute trademark or service mark.
**VII.
Source: Item 22 — CONTRACTS (FDD page 35)
What This Means (2024 FDD)
According to the 2024 Franchise Disclosure Document, a Golden Krust Caribbean Restaurant franchisee's right to use the brand's Marks is solely derived from the Franchise Agreement and is limited to the operation of the restaurant in compliance with the agreement and all System Standards. Unauthorized use of the Marks constitutes a breach of the agreement and an infringement of Golden Krust Caribbean Restaurant's rights. The franchisee acknowledges that all goodwill established through the use of the Marks benefits Golden Krust Caribbean Restaurant, and the agreement does not confer any goodwill or other interests in the Marks to the franchisee, other than the right to operate the Restaurant in compliance with the agreement.
Golden Krust Caribbean Restaurant requires franchisees to use only approved fixtures, furnishings, equipment, and signs that meet the franchisor's specifications and standards for quality, design, appearance, function, and performance. Franchisees must place or display only approved signs, emblems, lettering, logos, and display materials at the premises, both interior and exterior. These items must be purchased or leased from designated or approved suppliers, which may include Golden Krust Caribbean Restaurant or its affiliates.
Upon termination or expiration of the Franchise Agreement, the franchisee must cease identifying themselves as a current or former Golden Krust Caribbean Restaurant franchisee and discontinue all use of the Marks. The franchisee must also take action to cancel any registrations related to the use of the Marks. Additionally, the franchisee is responsible for altering the restaurant to distinguish it from its former appearance and from other Golden Krust Caribbean Restaurants to prevent public confusion. The franchisee must also notify the telephone company, directory publishers, online portals, and social media of the termination of their right to use any telephone numbers or listings associated with the Marks.
Golden Krust Caribbean Restaurant retains the right to modify or discontinue the use of any Mark at its sole discretion. Franchisees are obligated to comply with the franchisor's directions to modify or discontinue the use of any Mark and/or use one or more additional or substitute trade or service marks within a reasonable time after receiving notice. However, Golden Krust Caribbean Restaurant is not obligated to reimburse franchisees for any loss of revenue or expenditures resulting from modified or discontinued Marks or the promotion of substitute trademarks or service marks.