Does an Amorino franchisee gain any ownership interest in the Proprietary Marks or Copyrighted Materials?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
You expressly acknowledge and agree that:
(1) Amorino or its Affiliate owns all right, title, and interest in and to the Proprietary Marks and the Copyrighted Materials, and the goodwill associated with the Proprietary Marks and the Copyrighted Materials, and that you have no ownership interest in the Proprietary Marks or the Copyrighted Materials;
(2) if you are a Business Entity, you will not in the name of your Business Entity use the Proprietary Marks or any part thereof, or any marks, names or indicia of origin that are or may be confusingly similar to the Proprietary Marks;
(3) any and all goodwill associated with the Store and identified 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.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, franchisees do not acquire any ownership interest in Amorino's Proprietary Marks or Copyrighted Materials. Amorino retains all rights, titles, and interests in these assets.
This means that while Amorino grants franchisees the right to use its trademarks, logos, and copyrighted materials to operate their franchised businesses, the franchisee does not own these assets. The franchisee's right to use these marks and materials is limited to the terms of the franchise agreement and is solely for operating and promoting the Amorino franchise.
Upon termination or expiration of the franchise agreement, the franchisee's right to use the Proprietary Marks and Copyrighted Materials ceases, and no monetary value is attributed to any goodwill associated with the franchisee's use of these assets. This is a standard practice in franchising, as the brand and associated intellectual property are typically owned and controlled by the franchisor to ensure consistency and protect the brand's integrity across all franchise locations.