What actions are prohibited regarding the System, Marks, or Confidential Information of Southern Steer?
Southern_Steer Franchise · 2025 FDDAnswer from 2025 FDD Document
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- (a) License and Limitation of Use. The Franchisor hereby grants to the Franchisee the nonexclusive personal right to use the Marks, System, Confidential Information, Trade Secrets, Brand Manual, Website, URLs containing the Marks or any portion thereof and other proprietary information provided to Franchisee by Franchisor, its Affiliates or on behalf of Franchisor or its Affiliates in accordance with the provisions of this Agreement and as permitted by Franchisor. Franchisee will only use the Marks, System, Confidential Information, Trade Secrets, Brand Manual, Website, URLs containing the Marks or any portion thereof and other proprietary information provided to Franchisee by Franchisor, its Affiliates or on behalf of Franchisor or its Affiliates in the identification, marketing, promotion and operation of Franchisee's Southern Steer Business during the Initial Term and Interim Period and only in compliance with this Agreement and Franchisor's rules and guidelines set out in the Brand Manual. Franchisee further acknowledges and agrees that Franchisee must obtain Franchisor's prior approval before using the Marks, System, Confidential Information, Trade Secrets, Brand Manual, Website, URLs containing the Marks or any portion thereof and other proprietary information provided to Franchisee by Franchisor, its Affiliates or on behalf of Franchisor or its Affiliates for purposes outside Franchisor's typical marketing purposes.
- (b) Business Identification. Except as provided in Section 15.3(b) or otherwise in this Agreement, Franchisee will use the trademark "SOUTHERN STEER BUTCHER" as the primary identification of Franchisee's Southern Steer Business. But Franchisee agrees to identify itself as the independent owner and operator of Franchisee's Southern Steer Business in the manner prescribed by Franchisor in the Brand Manual. Franchisee will not identify itself in a manner which may mislead someone that Franchisee are an employee or agent of Franchisor. Franchisee agrees to prominently display the Marks in the manner prescribed by Franchisor in connection with Franchisee's Southern Steer Business's letterhead, marketing materials, advertising, forms and packaging. Franchisee further agrees to more prominently display the Marks over any secondary name or designation in identifying Franchisee's Southern Steer Business and related products and services.
- (c) Use of Marks with Other Trade Names. Franchisee will obtain Franchisor's approval in accordance with the guidelines in the Brand Manual, which may be withheld in Franchisor's sole discretion, before using Franchisee existing trade name or business name in conjunction with the use of the Marks. Franchisee will also obtain Franchisor's prior approval in accordance with the guidelines in the Brand Manual before using the Marks to co-sponsor an event that involves the use of the corporate name, trademark or other name, logo or symbol of a third party.
- (d) Use of Other Marks. If the Marks may not be used by Franchisee in all or part of the Protected Area in which Franchisee is to conduct Franchisee's Southern Steer Business, Franchisee agrees to use only such other name as Franchisor has approved in writing.
- (e) Notices. Franchisee will use all proper copyright and trademark notices when using the Copyrighted Material and Marks as set forth in the Brand Manual.
15.3. Prohibited Uses.
(a) Unauthorized Use*.* Franchisee is prohibited from any unauthorized use of the Marks, System, Confidential Information, Trade Secrets, Brand Manual, Website, URLs containing the Marks or any portion thereof and other proprietary information provided to Franchisee by Franchisor, its Affiliates or on behalf of Franchisor or its Affiliates. Any prohibited use by Franchisee will constitute an infringement of Franchisor's rights, including in connection with the sale of an unauthorized services or products or in a manner not authorized in writing by Franchisor. Franchisee acknowledges that any infringement will cause substantial harm to Franchisor, its Affiliates, other Southern Steer franchisees, licensees and other Franchisor's Southern Steer Businesses.
- (b) Prohibited Use In Trade Names; Corporate Names; URLs. Franchisee will not use any Marks, anything confusingly similar thereto, or any portion thereof as part of a corporate name, trade name or as a URL (unless provided to Franchisee by Franchisor), or with any prefix, suffix or other modifying words, terms, designs or symbols, or in any modified form.
- (c) Harm Image Or Goodwill. Franchisee will safeguard and maintain the reputation and prestige of the Marks, System, Confidential Information, Trade Secrets, Brand Manual, Website, URLs containing the Marks or any portion thereof and other proprietary information provided to Franchisee by Franchisor, its Affiliates or on behalf of Franchisor or its Affiliates. Franchisee will not do anything that would tarnish the image of or adversely affect or dilute the value, reputation or goodwill associated therewith nor counsel, procure or assist anyone else to do the same.
- (d) Prohibited Replication.
Source: Item 22 — ITEM. 22 CONTRACTS (FDD pages 61–168)
What This Means (2025 FDD)
According to the 2025 Southern Steer Franchise Disclosure Document, franchisees face several restrictions regarding the use of the System, Marks, and Confidential Information, both during and after the franchise agreement. During the term of the agreement, franchisees can only use these proprietary assets for operating their Southern Steer Business, and must adhere to the guidelines in the Brand Manual. Any use outside of typical marketing purposes requires prior approval from Southern Steer. Unauthorized use of the Marks, System, Confidential Information, Trade Secrets, Brand Manual, Website, or URLs containing the Marks is strictly prohibited and constitutes an infringement of Southern Steer's rights.
After the termination, expiration, transfer, or cancellation of the franchise agreement, the franchisee is prohibited from indicating any past or present association with Southern Steer, or using any element of the System, Confidential Information, Trade Secrets, Brand Manual, Website, or Marks. They cannot use any likeness of Southern Steer or its business for any purpose, nor can they take any action that could harm Southern Steer, its affiliates, owners, officers, directors, members, or other franchisees. Furthermore, they cannot operate any business in a manner that might mislead the public into thinking they are still a Southern Steer franchisee.
Southern Steer retains ownership of all Southern Steer Business records, including customer databases. Franchisees must also disclose any improvements or modifications made to the Southern Steer Business to Southern Steer, which then become the property of Southern Steer. Franchisees must also take reasonable steps to prevent unauthorized use or disclosure of confidential information and trade secrets. These restrictions are designed to protect Southern Steer's brand and proprietary information, ensuring consistent quality and preventing unfair competition.