What constitutes misuse of the Proprietary Marks by a Marble Slab Creamery franchisee that could lead to termination?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
6.1 With respect to Franchisee's use of the Proprietary Marks pursuant to this Agreement, Franchisee agrees that:
6.1.1 Franchisee will use only the Proprietary Marks designated by Franchisor, and will use them only in the manner authorized under this Agreement and permitted by Franchisor.
6.1.2 Franchisee will use the Proprietary Marks only for the operation of the Restaurant and only at the Accepted Location or in advertising for the business conducted at or from the Accepted Location.
Unless otherwise authorized or required by Franchisor, Franchisee will not use the Proprietary Marks in connection with the operation of an Internet website or in connection with any advertising on an Internet website.
6.1.3 Unless otherwise authorized or required by Franchisor, Franchisee will operate and advertise the Restaurant only under the name "MARBLE SLAB CREAMERY," without prefix or suffix, and will require all advertising and promotional materials, signs, decorations, paper goods (including disposable food containers and napkins), and other items which may be designated by Franchisor to bear the Proprietary Marks in the form, color, location, and manner prescribed by Franchisor.
6.1.4 During the term of this Agreement and any renewal hereof, Franchisee will identify itself as the franchisee of the Restaurant in conjunction with any use of the Proprietary Marks, including, but not limited to, on invoices, business cards, stationery, order forms, receipts, and contracts, as well as at such conspicuous locations on the premises of the Restaurant as Franchisor may designate in writing.
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery Franchise Disclosure Document, several actions related to the brand's Proprietary Marks could lead to the termination of the franchise agreement. These include using marks not designated or authorized by Marble Slab Creamery, or using them in any way not permitted by the agreement. Franchisees must use the Proprietary Marks only for the operation and advertising of their Marble Slab Creamery restaurant at the approved location.
Specifically, franchisees must operate and advertise the restaurant solely under the name "MARBLE SLAB CREAMERY," without any unauthorized prefixes or suffixes. All advertising, promotional materials, signs, decorations, and paper goods must display the Proprietary Marks in the exact form, color, location, and manner prescribed by Marble Slab Creamery. Franchisees must also identify themselves as a franchisee in conjunction with any use of the Proprietary Marks on items such as invoices, business cards, and contracts, as well as in conspicuous locations within the restaurant.
Furthermore, franchisees are restricted from using the Proprietary Marks in connection with any Internet website or advertising without explicit authorization from Marble Slab Creamery. The FDD states that Marble Slab Creamery retains ownership of domain names such as "Marble Slab Creamery.com" and related URLs. Franchisees are prohibited from creating or using any online medium that displays the Proprietary Marks without prior written consent from Marble Slab Creamery. Failure to comply with these regulations regarding the use of Proprietary Marks can result in the termination of the franchise agreement.