Are there any agreements that limit Alloy's right to use the Proprietary Marks?
Alloy Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no agreements currently in effect which limit our right to use or to franchise others to use the Proprietary Marks, except for (a) a Trademark Coexistence Agreement between APTS and POSAB, LLC, and (b) a Trademark License Agreement between us and APTS dated August 1, 2019.
The Trademark Coexistence Agreement between APTS and POSAB, LLC ("Trademark Coexistence Agreement") relates to certain Alloy trademarks that POSAB, LLC owns for certain
women's clothing and accessories. Given the two brand's different channels of trade and different targeted customers, the Trademark Coexistence Agreement provides that (i) POSAB, LLC's women's clothing and accessories can be offered and sold through online, catalogs and other channels of trade, but it will not market and sell its products at any athletic or fitness gyms, and (ii) APTS agreed that men's, women's and unisex athletic apparel with APTS Alloy mark can be used in our Facilities but not outside of the Facilities.
The Trademark License Agreement between us and APTS is a perpetual, non-cancelable license agreement. APTS intends to file all affidavits and to renew its registrations for the Marks when they become due.
Source: Item 13 — TRADEMARKS (FDD pages 46–48)
What This Means (2025 FDD)
According to Alloy's 2025 Franchise Disclosure Document, there are two agreements that currently limit Alloy's right to use or franchise others to use the Proprietary Marks. These include a Trademark Coexistence Agreement between APTS and POSAB, LLC, and a Trademark License Agreement between Alloy and APTS dated August 1, 2019.
The Trademark Coexistence Agreement between APTS and POSAB, LLC, pertains to certain Alloy trademarks owned by POSAB, LLC, for specific women's clothing and accessories. This agreement stipulates that POSAB, LLC, can offer and sell its women's clothing and accessories online, through catalogs, and other channels, but it cannot market and sell its products at athletic or fitness gyms. Conversely, APTS has agreed that men’s, women’s, and unisex athletic apparel with the APTS Alloy mark can be used in Alloy facilities but not outside of them. This coexistence agreement is based on the different channels of trade and targeted customers of the two brands.
The Trademark License Agreement between Alloy and APTS is a perpetual, non-cancelable license agreement. APTS intends to file all affidavits and renew its registrations for the Marks when they become due. This agreement ensures the continued validity and enforceability of the trademarks. As a franchisee, it's important to understand these agreements, as they define the scope and limitations of Alloy's trademark usage, which directly impacts how you can operate your franchised business and market your services.