Who owns the rights to the Hck Hot Chicken marks?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
- 15.3 No Ownership of Marks.
Franchisee acknowledges and agrees that rights in and to Franchisor's Marks and the use thereof shall be and remain the property of Franchisor.
- 15.4 Government Filings.
In the event Franchisee has registered any of Franchisor's Marks or the name "HCK Hot Chicken" as part of Franchisee's assumed, fictitious or corporate name, Franchisee shall promptly amend such registration to delete Franchisor's Marks and any confusingly similar marks or names therefrom.
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 54)
What This Means (2025 FDD)
According to the 2025 Hck Hot Chicken Franchise Disclosure Document, the rights to the Hck Hot Chicken marks are the exclusive property of the Franchisor and/or its affiliates. As a franchisee, you acknowledge that you have no claim to any goodwill, reputation, or ownership of these marks due to your licensed use. This is further reinforced by the stipulation that upon termination or expiration of the franchise agreement, the franchisee must discontinue all use of Hck Hot Chicken's trade dress and marks.
This means that while you are granted the right to use the Hck Hot Chicken marks during the term of your agreement, you do not gain any ownership or proprietary rights to them. The franchisor retains full control and ownership. Franchisees are also prohibited from using the Hck Hot Chicken marks in any way that is not explicitly approved by the franchisor, such as imprinting the marks on products or using them in connection with securities offerings or credit requests.
Furthermore, if a franchisee registers any of Hck Hot Chicken's marks or the name "Hck Hot Chicken" as part of their assumed, fictitious, or corporate name, they are obligated to promptly amend the registration to remove the franchisor's marks. This underscores the franchisor's exclusive ownership and control over its brand identity. Franchisees are also required to identify their restaurant as an independently owned and operated franchise of Hck Hot Chicken in a manner specified by the franchisor, reinforcing the distinction between the franchisor's brand and the franchisee's operation.
In the event that a third party infringes upon Hck Hot Chicken's trade dress or marks, the franchisee is required to notify the franchisor promptly. The franchisor then has the sole discretion to decide whether or not to take action against the infringing party. The franchisee has no right to independently pursue any legal action against the infringer. This provision ensures that Hck Hot Chicken maintains control over its brand and its enforcement.