What constitutes a breach of the Learningrx Franchise Agreement regarding unauthorized use of the Marks?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
t pay Franchisor a fee of Two hundred fifty Dollars ($250.00) per month ("Interim Period Fee") during the first six (6) months of an Interim Period. The Interim Period Fee will be due to Franchisor on the tenth (10th) day of each month during the Interim Period. This fee will increase to Five hundred and 00/100 Dollars ($500.00) per month on the seventh (7th) month and beyond.
6. MARKS
- 6.1 Marks. Franchisee must only use the Marks in the conduct of the Business as specified in this Agreement. Any unauthorized use of the Marks by Franchisee will constitute a breach of this Agreement and an infringement on Franchisor's rights in and to the Marks. As between Franchisor and Franchisee, Franchisor has a prior and superior claim to the Marks, and Franchisee has no rights in the Marks other than the right to use them in the operation of the Business in compliance with this Agreement.
- 6.2 Authorized Marks. Franchise shall use no trademarks other than "LEARNINGRX," "LEARNINGRX CENTER," "MATHRX", "THINKRX," "READRX," "COMPREHENDRX," "LIFTOFF," AND "LEARNINGRX BRAIN TRAINING CENTER" or any other Marks that Franchisor may specify for use in the identification, marketing, promotion, or operation of the Business. If Franchisee cannot lawfully use the Marks in the Territory, Franchisee must obtain Franchisor's written approval to use other marks. Franchisee must also follow the copyright guidelines as specified by Franchisor in the Operations Manual.
- 6.3 Change of Marks. Franchisor may add, modify, or discontinue any Marks to be used under the System.
Source: Item 23 — RECEIPT (FDD pages 54–209)
What This Means (2025 FDD)
According to Learningrx's 2025 Franchise Disclosure Document, any unauthorized use of the Marks by a franchisee constitutes a breach of the Franchise Agreement and an infringement on Learningrx's rights to the Marks. Franchisees are explicitly permitted to use the Marks only in the conduct of the Learningrx Business as specified in the Franchise Agreement.
Specifically, franchisees cannot use the Marks, or any similar words or symbols, as part of any entity or business name, or in conjunction with official documents without stating that their use is limited by the Franchise Agreement. They are also prohibited from using the Marks in any form on the Internet, including domain names and metatags, or in connection with unauthorized services or products. Any usage not expressly authorized by Learningrx is also considered a breach.
Learningrx retains the sole right to market on the Internet and use the Marks online, including websites and domain names. Franchisees are restricted from independently marketing online or using domain names similar to the Marks without prior written approval from Learningrx. Franchisees must also adhere to Learningrx's copyright guidelines as specified in the Operations Manual. The authorized Marks for use include "LEARNINGRX," "LEARNINGRX CENTER," "MATHRX", "THINKRX," "READRX," "COMPREHEND RX," "LIFTOFF," AND "LEARNINGRX BRAIN TRAINING CENTER" or any other Marks that Learningrx may specify for use in the identification, marketing, promotion, or operation of the Business.