What must an Amorino franchisee notify the franchisor of regarding trademarks?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
You must immediately notify us of any infringement of or challenge to your use of any Proprietary Mark. We will have sole discretion to take whatever action we deem appropriate to protect the Proprietary Marks. Under the Franchise Agreement, we have the right to control any litigation or administrative proceeding with respect to the Proprietary Marks. We will indemnify and defend you against claims arising from your authorized use of the Proprietary Marks.
You must notify us of the use of, or claims of rights to, a trademark identical to or confusingly similar to any of the Proprietary Marks licensed to you.
If we decide that you should modify or discontinue your use of any Proprietary Mark and/or use one or more additional or substitute Proprietary Marks, you must comply with this decision. We are not obligated by the franchise agreement or otherwise to protect any or all rights that you have to use our Proprietary Marks or to protect you against claims of infringements or unfair competition arising out of your use of the Proprietary Marks.
The Franchise Agreement does not provide for you to receive compensation for tangible costs of changing any Proprietary Mark. Any and all improvements that you make to any Proprietary Mark or to any Proprietary Product shall belong to us or CPG.
Source: Item 13 — TRADEMARKS (FDD pages 50–52)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, franchisees have specific notification responsibilities regarding the brand's trademarks. An Amorino franchisee must immediately inform the franchisor of any infringement or challenges to their use of the Proprietary Marks. This includes any unauthorized use of the trademarks by third parties or any legal challenges to the franchisee's right to use the marks. This immediate notification allows Amorino to take appropriate action to protect its trademarks, which are crucial for maintaining brand consistency and preventing consumer confusion.
Furthermore, the franchisee is obligated to notify Amorino of any use of, or claims of rights to, a trademark that is either identical or confusingly similar to the Proprietary Marks licensed to them. This requirement ensures that Amorino is aware of any potential conflicts with other trademarks that could dilute or infringe upon their brand. By staying informed of such potential issues, Amorino can proactively address them and protect the integrity of its brand identity.
Amorino retains sole discretion in deciding what actions to take to protect its Proprietary Marks, including initiating litigation or administrative proceedings. The franchise agreement grants Amorino the right to control any legal actions related to the trademarks. While Amorino will indemnify and defend the franchisee against claims arising from their authorized use of the Proprietary Marks, the franchisee must comply with any decisions Amorino makes regarding modifying or discontinuing the use of a trademark. This includes using additional or substitute Proprietary Marks if required. Franchisees do not receive compensation for tangible costs of changing any Proprietary Mark, and any improvements made to the Proprietary Marks or Products belong to Amorino or CPG.