What constitutes unauthorized use of the Marks for a Sonesta Simply Suites franchise?
Sonesta_Simply_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
Opening your Hotel before we authorize you to open will constitute unauthorized use of the Marks and a material breach of the Franchise Agreement.
If you open your Hotel prior to our authorization, you agree to pay to us damages as set forth in Section 14.G(3) of the Franchise Agreement.
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IN WITNESS WHEREOF, the parties have executed this Rider as of the Effective Date of the Franchise Agreement.
SONESTA RL HOTELS FRANCHISING INC. [Franchisee Name] Ву: _ Ву:
EXHIBIT L
SONESTA VOICE RESERVATION WITH AUTO ATTENDANT SERVICE AGREEMENT
- Limitations on Your Use of Marks.
You agree to use the Marks associated with Brand Hotels as the sole identification of your Hotel, except that you agree to identify yourself as its independent owner in the manner we prescribe.
You (or your owners) may not use any Mark (1) as part of any corporate or legal business name. (2) with any prefix, suffix, or other modifying words, terms, designs, or symbols (other than logos we have licensed to you), (3) in selling any unauthorized services or products, (4) as part of any domain name, homepage, electronic address, or otherwise in connection with a Website (unless in connection with our approved Franchise System Website), (5) in any user name, screen name, domain name, homepage, electronic address, social media account, other online presence or presence on any electronic, virtual, or digital medium of any kind ("Online Presence"), (6) any business operated separate from your Hotel, including the name or identity of developments adjacent to or associated with your Hotel, or (7) in any other manner that we have not expressly authorized in writing.
You may not use any Mark in advertising the transfer, sale, or other disposition of your Hotel or an ownership interest in you without our prior written consent.
You agree to display the Marks associated with Brand Hotels prominently as we prescribe at your Hotel and on forms, advertising, supplies, products, stationery, and other materials we designate.
You agree to give the notices of trademark and service mark registrations that we specify and to obtain any fictitious or assumed name registrations required under applicable law.
- A.
Ownership and Goodwill of Marks.
Your right to use the Marks is derived only from this Agreement and limited to your operating your Hotel according to this Agreement and all Brand Standards we prescribe during its term.
Your or your owners' unauthorized use of the Marks is a breach of this Agreement and infringes our and our affiliates' rights in the Marks.
Source: Item 22 — CONTRACTS (FDD pages 79–80)
What This Means (2025 FDD)
According to Sonesta Simply Suites's 2025 Franchise Disclosure Document, several actions can be considered unauthorized use of the brand's Marks. A significant violation is opening a hotel before receiving authorization from Sonesta Simply Suites. This is explicitly defined as unauthorized use of the Marks and a material breach of the Franchise Agreement.
Additionally, franchisees must adhere to specific limitations regarding the use of Marks. They must use the Marks as the sole identification of their Hotel, while also identifying themselves as the independent owner in a manner prescribed by Sonesta Simply Suites. Franchisees are prohibited from using any Mark as part of any corporate or legal business name, or with any unauthorized modifications like prefixes, suffixes, or other designs. They also cannot use the Marks in selling unauthorized services or products, as part of any domain name or electronic address (unless it's an approved Franchise System Website), or in any online presence without express authorization.
These restrictions extend to advertising the sale of the hotel and require franchisees to display the Marks prominently on the premises and materials as directed by Sonesta Simply Suites. Franchisees must also provide necessary trademark and service mark registration notices. Failure to comply with these regulations constitutes a breach of the agreement and infringement of Sonesta Simply Suites's rights to the Marks, potentially leading to legal and financial repercussions for the franchisee.