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the name "Mister Donut", a unique and readily
recognizable design, color scheme and layout for the
premises wherein such business is conducted (herein
called a "Mister Donut Shop") and for its furnishings,
signs, emblems, trade names, trademarks, certification
marks and service marks * * *, all of which may be
changed, improved and further developed from time to
time * * *
The Mister Donut System also included methods of preparation,
serving and merchandising doughnuts, pastries, and other food
products, and the use of specially prepared doughnut, pastry, and
other food product mixes as may be changed, improved, and
disclosed to persons franchised by petitioner to operate a Mister
Donut shop.
Petitioner granted franchisees the right to open a fixed
number of Mister Donut shops pursuant to established terms and
conditions and at locations approved by petitioner.5 The
franchise agreements provided that petitioner would not open or
authorize others to open any Mister Donut shops in the
franchisee's territory6 until the franchise agreement expired or
was terminated, or unless the franchisee did not meet its
development schedule by failing to open the requisite number of
Mister Donut shops by the agreed-upon date. In the event the
5Subject to certain limitations, the franchise agreements
permitted franchisees to subfranchise Mister Donut shops within
the respective franchisee's territory.
6Hereinafter, "territory" is a reference to one of the 11
operating and nonoperating countries.
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Last modified: May 25, 2011