obligation

What is a Jersey Mikes franchisee required to do if another party attempts to use the Marks?

Jersey_Mikes Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 6.4 Franchisee shall promptly notify Franchisor of any claim, demand, or cause of action based upon or arising from any attempt by any other person, firm or corporation to use the Marks or any colorable imitation of the Marks.

Source: Item 22 — CONTRACTS (FDD page 77)

What This Means (2025 FDD)

According to Jersey Mike's 2025 Franchise Disclosure Document, a franchisee is required to promptly notify Jersey Mike's of any claim, demand, or cause of action based upon or arising from any attempt by another party to use the Marks or any similar imitation of the Marks. The Marks refer to the trade names, service marks, and trademarks such as "JERSEY MIKE'S," "JERSEY MIKE'S ESTABLISHED IN '56 PT. PLEASANT, plus the design," and "MIKE'S, plus the design," along with associated logos and commercial symbols.

This notification requirement is crucial for protecting Jersey Mike's brand identity and goodwill. By promptly informing Jersey Mike's of any unauthorized use of the Marks, the franchisee enables Jersey Mike's to take appropriate legal action to prevent infringement and protect its intellectual property rights. This also prevents consumer confusion and maintains the integrity of the Jersey Mike's brand.

Failure to report such attempts could potentially harm the Jersey Mike's brand and the entire franchise system. It is a standard practice in franchising to require franchisees to assist in protecting the franchisor's trademarks, as the strength and recognition of the brand are vital to the success of all franchisees within the system. This obligation ensures that Jersey Mike's can effectively monitor and defend its trademarks against unauthorized use, which benefits both the franchisor and its franchisees.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.