Who owns the Alloy Trademarks according to the franchise agreement?
Alloy Franchise · 2025 FDDAnswer from 2025 FDD Document
- A. We and our affiliates have developed a business offering personal training in a group setting delivered by certified instructors under the name "ALLOY";
- B. Our affiliate Alloy Personal Training Solutions, LLC ("Affiliate") owns the ALLOY Trademark and other trademarks ("Trademarks" as defined below) and has licensed to us the right to sublicense the Trademarks used in connection with the operatio
Source: Item 23 — RECEIPTS (FDD pages 69–245)
What This Means (2025 FDD)
According to Alloy's 2025 Franchise Disclosure Document, the Alloy Trademark is owned by Alloy Personal Training Solutions, LLC, which is identified as an affiliate of the franchisor. Alloy Personal Training Solutions, LLC licenses the Alloy Trademark to the franchisor, granting them the right to sublicense the trademarks for use in connection with the operation of Alloy franchises.
As an Alloy franchisee, you are permitted to use the trademarks on materials like business cards and stationery, provided you accurately represent the trademarks as prescribed by Alloy, include a statement indicating independent ownership, and do not use the trademarks in conjunction with other trademarks without prior written approval. Alloy also requires franchisees to display a prominent sign identifying themselves as an Alloy franchisee, acknowledging that the Alloy Trademark is owned by Alloy Personal Training Solutions, LLC and used under license.
Alloy or its affiliate maintains the sole right to manage any legal proceedings related to the trademarks, including infringement or challenges to their use or ownership. While Alloy has the right, but not the obligation, to take action against infringement, franchisees are required to promptly notify Alloy of any potential misuse or infringement of the trademarks. Alloy or its affiliate may also defend franchisees against third-party claims arising from the use of the trademarks, with the cost of defense borne by Alloy or its affiliate if the franchisee has used the trademarks in accordance with the franchise agreement. However, if Alloy determines that the franchisee has not adhered to the agreement, the franchisee will bear the costs of the defense.