What constitutes a breach of the Petro Stopping Center franchise agreement regarding the Marks and Copyrights?
Petro_Stopping_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
Your unauthorized use of the Marks and the Copyrights will be a breach of this Agreement and an infringement of our rights in and to the Marks and the Copyrights.
- 10.2 Limitations on Your Use of Marks and Copyrights.
You agree to use the Marks and Copyrights we designate and in the manner we designate as the sole identification of the Petro Center, except that you agree to identify yourself as the independent Owner in the manner we
prescribe.
You may not use modifying words, terms, designs or symbols (other than logos we license to you), in connection with the Marks or Copyrights, nor may you use any Mark or Copyright in connection with the performance or sale of any unauthorized services or products or in any modified form or other manner we have not expressly authorized in writing.
No Mark or Copyright may be used in any advertising concerning the transfer, sale or other disposition of the Petro Center or an Ownership Interest in you.
You agree to display the Marks and Copyrights prominently in the manner we prescribe at the Petro Center, on supplies or materials we designate and in connection with forms and advertising and marketing materials.
You agree to give such notices of trade and service mark registrations as we specify and to obtain any fictitious or assumed name registrations required under applicable law.
You must not use the Marks or any part of them as part of your corporate name or the legal name of your Business Entity.
Source: Item 14 — Other investments (FDD pages 131–208)
What This Means (2025 FDD)
According to the 2025 Petro Stopping Center Franchise Disclosure Document, unauthorized use of the brand's Marks and Copyrights constitutes a breach of the franchise agreement and an infringement of Petro Stopping Center's rights. The franchisee's right to use the Marks and Copyrights is solely derived from the franchise agreement and is limited to the operation of the Petro Center in compliance with the agreement and all Petro System Standards.
The agreement specifies that franchisees must use the designated Marks and Copyrights as the sole identification of the Petro Center, while also identifying themselves as the independent owner in a prescribed manner. Franchisees are prohibited from using modifying words, terms, designs, or symbols in connection with the Marks or Copyrights, except for logos licensed to them. They also cannot use any Mark or Copyright in connection with unauthorized services or products or in any modified form not expressly authorized in writing by Petro Stopping Center.
Furthermore, the Marks and Copyrights cannot be used in any advertising related to the transfer, sale, or other disposition of the Petro Center or an ownership interest in the franchise. Franchisees are required to prominently display the Marks and Copyrights in the manner prescribed by Petro Stopping Center at the Petro Center, on designated supplies or materials, and in connection with forms and advertising and marketing materials. They must also provide notices of trade and service mark registrations as specified by Petro Stopping Center and obtain any necessary fictitious or assumed name registrations under applicable law. The franchisee is prohibited from using the Marks or any part of them as part of their corporate name or the legal name of their business entity.
In essence, any deviation from the explicitly authorized usage of Petro Stopping Center's Marks and Copyrights, as outlined in the franchise agreement and associated standards, would be considered a breach of contract. This includes unauthorized modification, unauthorized use for different services, or improper display. Franchisees must adhere strictly to the guidelines provided by Petro Stopping Center to avoid infringing on the franchisor's intellectual property rights and violating the franchise agreement.