What constitutes an infringement of Amorino's rights regarding the Proprietary Marks and Copyrighted Materials?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
fied by the Proprietary Marks is Amorino's property and shall inure directly and exclusively to the benefit of Amorino;
- (4) any use of the Proprietary Marks or the Copyrighted Materials other than as expressly authorized by this Agreement, without Amorino's prior written consent, may constitute an infringement of Amorino's rights herein; and
- (5) the right to use the Proprietary Marks and the Copyrighted Materials granted in this Agreement does not extend beyond the termination or expiration of this Agreement, and upon the expiration or termination of this Agreement for any reason, no monetary amount shall be attributable to any goodwill associated with your use of the Proprietary Marks or the Copyrighted Materials.
- D. Use of the Proprietary Marks. You shall use only the Proprietary Marks designated by Amorino, in the manner that Amorino authorizes and permits, and shall use them with the symbols "®", "TM" , or "SM", as appropriate. You shall use the Proprietary Marks only in connection with the operation and promotion of the Franchised Business, and only in the manner prescribed by Amorino. You may not contest ownership or validity of the Proprietary Marks or any registration thereof, or engage in any conduct that adversely affects the ownership or registration of the Proprietary Marks, or Amorino's right to use or to sublicense the use of the Proprietary Marks. You shall execute all documents that Amorino requests in order to protect the Proprietary Marks or to maintain their validity and enforceability.
E. Restriction Against Use on the Internet. You may not use the Proprietary Marks or any part or derivative thereof or any of the Copyrighted Materials on the Internet, except as expressly permitted in writing.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, several actions can infringe upon Amorino's rights regarding its Proprietary Marks and Copyrighted Materials. These include any unauthorized use of the Proprietary Marks or Copyrighted Materials that is not expressly permitted by the franchise agreement, without obtaining Amorino's prior written consent. This means a franchisee must adhere strictly to the guidelines and permissions outlined in the agreement when using Amorino's trademarks, service marks, logos, copyrighted advertising, training materials, and operational manuals.
Specifically, franchisees cannot use the Proprietary Marks in any way that Amorino does not authorize or permit, and they must use the appropriate symbols such as "®", "TM", or "SM" when using the marks. The Proprietary Marks can only be used in connection with the operation and promotion of the Franchised Business, and only in the manner prescribed by Amorino. Franchisees are also prohibited from contesting the ownership or validity of the Proprietary Marks or engaging in any activity that could negatively impact the ownership, registration, or Amorino's right to use or sublicense these marks.
Furthermore, franchisees are restricted from using the Proprietary Marks or Copyrighted Materials on the Internet, unless expressly permitted in writing by Amorino. This includes prohibitions on using the Proprietary Marks or any derivative thereof in URLs or domain names, as part of usernames on gaming or social networking websites, or in unauthorized email addresses. Displaying the Copyrighted Materials, Proprietary Marks, or images of products or services identified by the Proprietary Marks on any website without authorization is also forbidden. These restrictions ensure that Amorino maintains control over its brand identity and online presence, and that franchisees do not misuse the brand in ways that could harm its reputation or value.