What must a Hawaiian Bros Island Grill franchisee do with the trademarks upon termination of the franchise agreement?
Hawaiian_Bros_Island_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) Marks and Copyrighted Materials.
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, a franchisee unconditionally disclaims any ownership interest in the Hawaiian Bros Island Grill trademarks. This means the franchisee acknowledges that Hawaiian Bros Franchising, LLC owns the trademarks and copyrighted materials. The franchisee's interest is solely that of a licensee. All use of the marks and copyrighted materials by the franchisee will be attributed to Hawaiian Bros Island Grill for trademark and copyright law purposes.
Upon termination of the franchise agreement, the franchisee must discontinue all use of the Hawaiian Bros Island Grill trademarks and trade names. If a franchisee continues to operate after the term without a current agreement, they will be treated as an infringer of the marks and confidential information.
To protect its brand, Hawaiian Bros Island Grill retains the right to enter the premises to remove any Hawaiian Bros Island Grill trade dress or equipment it considers necessary. This ensures that after termination, the restaurant no longer appears to be associated with the Hawaiian Bros Island Grill brand.
This strict control over intellectual property is typical in franchising. It allows Hawaiian Bros Island Grill to maintain consistent branding and quality standards across all locations, protecting the value of the brand for all franchisees.