On what page of the Apricot Lane FDD is the section regarding the use of marks located?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
SECTION 7: PROPRIETARY MARKS
A. Ownership of the Marks
FRANCHISEE acknowledges that FRANCHISOR is the owner of the Marks and FRANCHISEE's right to use the Marks is derived solely from this Agreement and is limited to the conduct of the Franchised Business by FRANCHISEE in compliance with this Agreement and all applicable standards, specifications, and operating procedures prescribed by FRANCHISOR from time to time during the term of this Agreement. Any unauthorized use of the Marks by FRANCHISEE is a breach of this Agreement and an infringement of the rights of FRANCHISOR in and to the Marks. FRANCHISEE acknowledges that all use of the Marks by FRANCHISEE and any goodwill established by FRANCHISEE's use of the Marks shall inure to the exclusive benefit of FRANCHISOR and that this Agreement does not confer any goodwill or other interests in the Marks upon FRANCHISEE. FRANCHISEE shall not, at any time during the term of this Agreement or after its termination or expiration, contest the validity or ownership of any of the Marks or assist any other person in contesting the validity or ownership of any of the Marks. All provisions of this Agreement applicable to the Marks apply to any additional trademarks, service marks, and commercial symbols authorized for use by and licensed to FRANCHISEE by FRANCHISOR after the date of this Agreement, all of which shall be considered part of the Marks.
B. Use of Marks
FRANCHISEE shall not use any Mark or portion of any Mark as part of any corporate or legal name, or with any prefix, suffix, or other modifying words, terms, designs, or symbols, or in any modified form, nor may FRANCHISEE use any Mark in connection with the sale of any unauthorized product or service or in any other manner not expressly authorized in writing by FRANCHISOR. FRANCHISEE shall give such notices of trademark and service mark registrations as FRANCHISOR specifies and obtain such fictitious or assumed name registrations as may be required under applicable law, and at FRANCHISEE's expense. FRANCHISEE shall not use any of the Marks in any manner that has not been specified or approved in writing by FRANCHISOR.
C. Notice of Claim
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, the section regarding the use of marks starts on page 104. Specifically, Section 7, titled "Proprietary Marks," begins on this page and covers various aspects of trademark usage for franchisees. This section includes subsections on the ownership of the marks, permitted uses, and procedures for notifying the franchisor of any claims or potential infringements.
The FDD outlines in detail the franchisee's obligations and restrictions when using the Apricot Lane trademarks. Franchisees must adhere to the franchisor's standards and specifications and are prohibited from using the marks in any unauthorized manner. This includes using the marks as part of a corporate name or in connection with unauthorized products or services.
Furthermore, the FDD emphasizes that all goodwill associated with the use of the Apricot Lane marks belongs exclusively to the franchisor. Franchisees are required to cooperate with the franchisor in protecting and maintaining the integrity of the trademarks. This includes notifying the franchisor of any potential misuse or infringement by third parties and assisting in any legal actions related to the marks. These stipulations are typical in franchise agreements to protect the brand's reputation and value.