Does the definition of 'Marks' for Hck Hot Chicken include trade dress?

According to the 2025 Hck Hot Chicken Franchise Disclosure Document, the definition of "Marks" includes trade dress. The FDD specifies that the term "Marks" encompasses logotypes, service marks, and trademarks currently or in the future used in the operation of a Hck Hot Chicken business. This includes the brand name "HCK HOT CHICKEN" and any other trademarks, service marks, or trade names designated by Hck Hot Chicken for use by its franchisees.

Importantly, the definition explicitly extends to any distinctive trade dress used to identify a Hck Hot Chicken business, regardless of whether it exists now or is created in the future. Trade dress refers to the visual appearance and overall look and feel of a product or service that signifies the source of the product to consumers. This can include elements such as the layout and design of a restaurant, the color scheme, and the style of signage.

For a prospective Hck Hot Chicken franchisee, this means that the visual identity and branding elements associated with the Hck Hot Chicken business are protected under the franchise agreement. Franchisees are obligated to adhere to the established trade dress standards to maintain brand consistency and prevent consumer confusion. This also means Hck Hot Chicken retains control over the brand's image and can enforce its rights against unauthorized use of its trade dress by third parties.

This comprehensive definition of "Marks" underscores the importance Hck Hot Chicken places on protecting its brand identity and ensuring uniformity across all franchise locations. Franchisees must understand and comply with these branding requirements to maintain the integrity of the Hck Hot Chicken brand and avoid potential legal issues.