Describe the history and type of recent growth of the franchise. Identify the parties to the agreement.
This franchise agreement is between Pizza Patron Inc (Franchiser) and ABC Pizza (Franchisee). In which state(s) are the parties each incorporated?
Pizza Patron Inc incorporated in Texas while ABC Pizza is also incorporated in Texas. Describe the franchise “system”.
Describe trademarks or proprietary marks used. Provide examples (send ppt slides to Professor). Explain ownership, transfer and usage of trademarks. 12. Use of Intellectual Property.
(a) Marks and Copyrighted Materials. Franchisee acknowledges that Company is authorized by law to prevent the unauthorized use of the Marks, to control the quality of goods and services associated with the Marks, and to control the copying and distribution of the Copyrighted Materials. Recognizing the importance to Company and other members of the Pizza Patron franchise system of the protection and preservation of the Marks and Copyrighted Materials, Franchisee agrees to perform and abide by the following provisions: (1) Franchisee acknowledges that Company is the lawful and rightful owner of each and all of the Marks and the Copyrighted Materials, that Franchisee's interest in the Marks and the Copyrighted Materials is solely that of a licensee, and that all uses of the Marks and the Copyrighted Materials by Franchisee will be attributed to Company for purposes of trademark and copyright law. Franchisee unconditionally disclaims any ownership interest in any of the Marks and the Copyrighted Materials. (2) Franchisee shall not use "Pizza Patr6n", "Patron" or any abbreviation, acronym or variation of those words as part of its name or as part of the name of any Business Entity in which Franchisee owns or holds an interest. However, Franchisee may, if required by law, file an assumed name or fictitious name certificate to the effect that Franchisee is operating the Store under a trade name...
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