Is a Hawaiian Bros Island Grill franchisee allowed to admit in writing that a trademark is invalid?
Hawaiian_Bros_Island_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee acknowledges that Company is authorized to prevent the unauthorized use of the Marks, to control the quality of goods and services associated with the Marks, and to control the copying and distribution of the Copyrighted Materials.
Recognizing the importance to Company and other Hawaiian Bros Island Grill franchisees of the protection and preservation of the Marks and Copyrighted Materials, Franchisee agrees to perform and abide by the following provisions:
- (1) Franchisee acknowledges that Company and/or its Affiliates is the lawful and rightful owner of each and all of the Marks and the Copyrighted Materials, that Franchisee's interest in the Marks and the Copyrighted Materials is solely that of a licensee, and that all uses of the Marks and the Copyrighted Materials by Franchisee will be attributed to Company for purposes of trademark and copyright law.
Franchisee unconditionally disclaims any ownership interest in any of the Marks or the Copyrighted Materials.
Source: Item 23 — RECEIPTS (FDD pages 77–262)
What This Means (2025 FDD)
According to the 2025 Hawaiian Bros Island Grill Franchise Disclosure Document, franchisees are prohibited from taking actions that undermine the company's trademarks. The agreement explicitly states that the franchisee acknowledges Hawaiian Bros Island Grill's ownership and rights to control the use of its trademarks and copyrighted materials.
Specifically, the franchisee's interest in the marks is solely that of a licensee, meaning they are only authorized to use the trademarks as permitted by the franchise agreement. All usage of the trademarks by the franchisee is attributed back to Hawaiian Bros Island Grill, reinforcing the company's ownership for trademark and copyright law purposes. The franchisee unconditionally disclaims any ownership interest in the marks or copyrighted materials.
This means a Hawaiian Bros Island Grill franchisee cannot claim ownership or take any action that suggests they own the trademarks. This includes actions like challenging the validity of the trademarks in writing or otherwise. Such actions would be a breach of the franchise agreement and could have legal and financial repercussions for the franchisee. This is a standard clause in most franchise agreements, designed to protect the franchisor's brand and intellectual property.