Can a Potbelly Sandwich Works franchisee use the marks as part of any domain name?
Potbelly_Sandwich_Works Franchise · 2025 FDDAnswer from 2025 FDD Document
You must follow our rules when you use the Marks, including giving proper notices of trademark registration and obtaining fictitious or assumed name registrations the law requires. You may not use any Mark in your corporate or legal business name; with modifying words, terms, designs, or symbols (except for those we license to you); in offering or selling any unauthorized services or products; or as part of any domain name, homepage, electronic address, or otherwise in connection with Electronic Media. ("Electronic Media" means the Internet, the World Wide Web, or any other similar proprietary or common carrier electronic delivery system, and materials (such as CD ROMs and USB data storage devices) facilitating the electronic communication of information.) If we discover your unauthorized use of the Marks, we may require you to destroy all offending items (with no reimbursement from us). To the extent you use any Mark in employment-related materials, you must include a clear disclaimer that you (and only you) are the employer of employees at the Shop and that we, as the franchisor of Potbelly Shops, are not their employer and do not engage in any employer-type activities for which only franchisees are responsible, such as employee selection, promotion, termination, hours worked, rates of pay, other benefits, work assigned, discipline, adjustment of grievances and complaints, and working conditions. You must obtain an acknowledgment (in the form we specify or approve) from all Shop employees that we are not their employer.
Source: Item 13 — TRADEMARKS (FDD pages 51–54)
What This Means (2025 FDD)
According to Potbelly Sandwich Works's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from using the brand's trademarks as part of any domain name. This restriction extends to homepages, electronic addresses, and any other connection with electronic media, which includes the Internet, the World Wide Web, and similar electronic delivery systems. This also includes materials like CD ROMs and USB data storage devices that facilitate electronic communication of information.
This restriction is a standard practice in franchising, designed to protect the brand's online identity and prevent customer confusion. By maintaining control over how its trademarks are used online, Potbelly Sandwich Works can ensure a consistent brand image and prevent unauthorized or misleading websites from appearing to be affiliated with the franchise.
If a franchisee is found to be in violation of this rule, Potbelly Sandwich Works has the right to demand the destruction of all items that improperly use the trademarks, and the franchisee will not be reimbursed for any associated costs. This underscores the importance of adhering to the franchisor's guidelines regarding trademark usage in the digital space.
Prospective franchisees should be aware of these strict limitations on using the Potbelly Sandwich Works trademarks online and ensure that their digital marketing strategies comply with the franchise agreement. This includes refraining from using the trademarks in domain names, social media handles, or any other online presence without explicit authorization from Potbelly Sandwich Works.