What are the Goldfish Swim School franchisee's obligations regarding the protection and use of the proprietary marks?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
f) For the purposes of this Agreement, "Marks" means the service mark "Goldfish Swim School®" and such other trade names, trademarks, service marks, trade dress, designs, graphics, logos, emblems, insignia, fascia, slogans, drawings and other commercial symbols as Company may designate to be used in connection with Goldfish Swim Schools.
a) During the term of the Franchise Agreement and for a period of two (2) years after the expiration or termination of the Franchise Agreement, regardless of the cause of expiration or termination, Franchisee shall not, directly or indirectly, for itself or through, on behalf of or in conjunction with, any person, persons, partnership, corporation, limited liability company or other business entity, divert or attempt to divert any business or customer of Franchisee to any Competitive Business, by direct or indirect inducement or otherwise, or do or perform, directly or indirectly, any other act injurious or prejudicial to the goodwill associated with Company's service mark "Goldfish Swim School®" and such other trade names, trademarks, service marks, trade dress, designs, graphics, logos, emblems, insignia, fascia, slogans, drawings and other commercial symbols as Company designates to be used in connection with Goldfish Swim Schools or Company's uniform standards, methods, procedures and specifications for the establishment and operation of Goldfish Swim Schools.
17.1.2 cease to use the Trade Secrets, Confidential Information, the System and the Marks including, without limitation, all signs, slogans, symbols, logos, advertising materials, stationery, forms and any other items which display or are associated with the Marks;
17.1.3 take such action as may be necessary to cancel or assign to Franchisor, at Franchisor's option, any assumed name or equivalent registration filed with state, city or county authorities which contains the name "Goldfish Swim School®" or any other Mark, and Franchisee shall furnish Franchisor with evidence satisfactory to Franchisor of compliance with this obligation within thirty (30) days after termination or expiration of this Agreement;
Franchisee may be requested to provide content for Franchisor's Internet marketing and shall be required to follow Franchisor's intranet and Internet usage rules, policies and requirements.
Source: Item 23 — RECEIPTS (FDD pages 77–389)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School FDD, franchisees have several obligations regarding the protection and use of the company's proprietary marks, which are defined as the service mark "Goldfish Swim School®" and other trade names, trademarks, service marks, trade dress, designs, graphics, logos, emblems, insignia, fascia, slogans, drawings, and other commercial symbols designated by Goldfish Swim School. During the franchise term, franchisees must not perform any act injurious or prejudicial to the goodwill associated with Goldfish Swim School's marks or its uniform standards, methods, procedures, and specifications.
Franchisees must cease using the trade secrets, confidential information, the system, and the marks, including all related items, upon termination or expiration of the Franchise Agreement. They must also take necessary actions to cancel or assign any assumed name registrations containing "Goldfish Swim School®" or any other mark to Goldfish Swim School. Franchisees are also obligated to follow Goldfish Swim School's intranet and Internet usage rules, policies, and requirements if they are requested to provide content for Goldfish Swim School's Internet marketing.
These obligations extend beyond the termination of the franchise agreement. For a period of two years after the agreement expires or terminates, franchisees cannot divert or attempt to divert any business or customer to any competitive business. This includes refraining from any action that could harm the goodwill associated with Goldfish Swim School's marks. These measures ensure the continued protection of Goldfish Swim School's brand identity and market position, even after a franchisee exits the system. Franchisees must adhere to these stipulations to avoid legal repercussions and maintain the integrity of the Goldfish Swim School brand.