What constitutes unauthorized use of the Marks by a Noodles & Company Area Operator?

According to the 2025 Noodles & Company Franchise Disclosure Document, an Area Operator's unauthorized use of the Marks includes materially misusing the Marks or making any unauthorized use of them. This extends to unauthorized use of the Marks as part of a website domain name or electronic address, or as part of information available on such a website. Such misuse also includes any actions that materially impair the goodwill associated with the Marks or Noodles & Company's rights therein.

Noodles & Company retains significant control over how its Marks are used, especially online. Franchisees must secure written authorization from Noodles & Company before using any logos, Marks, or the Noodles & Company name on a website. This authorization can be withheld at Noodles & Company's discretion. If Noodles & Company authorizes an Area Operator to use the Marks online, Noodles & Company has the option to have the Area Operator cancel or assign all rights to any internet websites, web pages, email addresses, and domain name listings that contain the Marks to Noodles & Company or its designee.

Upon termination of the Area Operator agreement, the franchisee must immediately cease using all trade secrets, confidential information, and the Marks. They must also discontinue using any confusingly similar trademarks, service marks, trade names, logotypes, or other commercial symbols or insignia. This obligation ensures a clean break and prevents any potential confusion in the marketplace after the franchise relationship ends. These stipulations are typical in franchising, as franchisors must protect their brand identity and goodwill.