What is the obligation of both parties (franchisor and franchisee) regarding the protection of the Apricot Lane Marks?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
ich may be changed, improved and further developed by FRANCHISOR from time to time (the "System"); and
WHEREAS, FRANCHISOR is the owner of the trade names and service marks "APRICOT LANE" and associated logos and commercial symbols, and such other trade names, trademarks and service marks as are now designated (and may hereinafter be designated in writing by FRANCHISOR) as an integral part of the System (the "Mark(s)"); and
WHEREAS, FRANCHISOR continues to develop, use and control such Marks for the benefit and use of FRANCHISOR and its franchisees in order to identify for the public the source of the products and services marketed thereunder and to represent the System's high standards of operations, quality, products, appearance and service; and
WHEREAS, FRANCHISOR grants to certain qualified persons franchises to own and operate Specialty Stores utilizing the System providing products and services authorized and approved by FRANCHISOR and identified by the "APRICOT LANE" mark as determined by Franchisor; and
WHEREAS, FRANCHISEE desires to obtain a franchise to establish and operate a Specialty Store ("the Franchised Business") and to receive the training and other assistance provided by FRANCHISOR in connection therewith;
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to the 2025 Apricot Lane Franchise Disclosure Document, Apricot Lane is the owner of the trade names and service marks, including "APRICOT LANE" and associated logos. Apricot Lane continues to develop, use, and control such Marks for the benefit and use of Apricot Lane and its franchisees. This is done to identify for the public the source of the products and services marketed and to represent the System's high standards of operations, quality, products, appearance, and service.
Apricot Lane grants to qualified persons franchises to operate Specialty Stores utilizing the System, providing products and services authorized and approved by Apricot Lane and identified by the "APRICOT LANE" mark. The franchisee is granted the right to use the Mark "APRICOT LANE" and such other Marks as Apricot Lane may authorize from time to time in the operation of a Specialty Store at a single approved location. The grant is limited to retail over-the-counter sales to consumers of approved merchandise and services. Any sales by the Franchised Business through other means such as wholesale, mail order, catalogs, electronic commerce, any other distribution channel, or at fairs or trade shows is prohibited without the express prior written consent of Apricot Lane.
The franchisee must promptly notify Apricot Lane of any claim, demand, or cause of action based upon or arising from any attempt by any other person, firm, or corporation to use the Marks or any colorable imitation thereof. This ensures that Apricot Lane can take appropriate action to protect its brand and prevent unauthorized use of its Marks. This obligation is crucial for maintaining the integrity and value of the Apricot Lane brand, benefiting both the franchisor and all franchisees within the system.