Is a Hawaiian Bros Island Grill franchisee allowed to engage in conduct that would harm the Marks?
Hawaiian_Bros_Island_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
ks have been filed.
The Marks are our Parent's valuable property. We or our affiliates are the owner of all right, title and interest in and to the Marks and all past, present, or future goodwill of the Restaurant and of the business conducted that is associated with or attributable to the Marks. Your use of the Marks will inure to our benefit or the benefit of our affiliates. You may not engage in any conduct that would infringe upon, harm
or contest our rights in the Marks or the goodwill associated with the Marks, including any use of the Marks in a derogatory, negative, or other inappropriate manner.
You may not use or permit others to use any trademarks, trade names, logos, service marks or any other names or marks in connection with your Restaurant except those we authorize or direct in writing. You may use the Marks only in the form and manner we prescribe in writing, and only in connection with the products and services that we specify. You must comply with all trademark, trade name and service mark notice marking requirements.
Source: Item 13 — TRADEMARKS (FDD pages 53–55)
What This Means (2025 FDD)
According to the 2025 Hawaiian Bros Island Grill Franchise Disclosure Document, franchisees are explicitly prohibited from engaging in any conduct that could harm the company's trademarks. The FDD states that the Marks are the valuable property of Hawaiian Bros Island Grill's Parent, and all goodwill associated with the Restaurant and business conducted under the Marks inures to the benefit of Hawaiian Bros Island Grill or its affiliates.
This means a franchisee cannot take any actions that might infringe upon, harm, or contest Hawaiian Bros Island Grill's rights to its trademarks. This includes using the Marks in a derogatory, negative, or inappropriate manner. Franchisees are only allowed to use the trademarks in the specific form and manner prescribed by Hawaiian Bros Island Grill in writing and solely in connection with the products and services that Hawaiian Bros Island Grill specifies.
This restriction is typical in franchising, as the franchisor needs to protect its brand identity and reputation. Unauthorized or inappropriate use of the trademarks by a franchisee could damage the brand's image and goodwill, affecting the entire franchise system. Franchisees must adhere strictly to the guidelines provided by Hawaiian Bros Island Grill regarding the use of its trademarks to avoid violating the franchise agreement and potentially facing legal consequences.