Where can Aerus franchisees find the obligations of the licenses for the "Electrolux" and "Lux" trademarks?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
ii. In connection with the foregoing, there are a series of license instruments granting to us the right to use and license to you for use on a non-exclusive, non-assignable basis (subject to the terms and conditions of the Franchise Agreement and the Manuals), the "Electrolux", "Lux" and derivative trademarks for use in the sale, marketing, distribution and repair of vacuum cleaners and related accessories. The obligations of the licenses have been incorporated into the Manuals, which must be strictly adhered to. Aktiebolaget Electrolux may terminate the Electrolux Sublicense Agreement upon written notice if We, you or any of our other franchisees breach the Electrolux Sublicense Agreement. Material uncured breach of the license terms by you or any other franchisee may result in termination of the license for all franchisees.
Source: Item 13 — Trademarks (FDD pages 47–51)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the obligations of the licenses for the "Electrolux" and "Lux" trademarks are incorporated into the Aerus manuals. Franchisees must strictly adhere to these manuals. These trademarks are owned by Aktiebolaget Electrolux, a Swedish company not affiliated with Aerus.
The FDD states that Aerus LLC and Aerus Canada, Inc., Aerus's affiliates, were granted the rights to use the "Electrolux" and "Lux" trademarks in the United States and Canada, respectively. These rights were then assigned to Aerus Concepts, L.P., and subsequently licensed to Aerus. This arrangement allows franchisees to use the "Electrolux" and "Lux" marks on products sold through an Aerus business.
It is important to note that Aktiebolaget Electrolux can cancel the licenses if the Aerus business or any principal operating Aerus entities are sold to a competitor, as defined in the license agreements. Furthermore, a material uncured breach of the license terms by any franchisee may result in the termination of the license for all franchisees. This highlights the importance of adhering to the guidelines set forth in the manuals to maintain the trademark licenses and avoid potential disruptions to the franchise system.