What specific mark does the Apricot Lane franchise grant the franchisee the right to use?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
FRANCHISOR hereby grants to FRANCHISEE, upon the terms and conditions herein contained, the right, franchise and privilege (the "franchise") to use the Mark "APRICOT LANE" as provided hereinafter (the "Designated Mark") and such other Marks as FRANCHISOR may authorize from time to time in the operation of a Specialty Store at a single approved location as provided in Section 1.B below. If a location for the Specialty Stores has not been selected and approved on signing this Agreement, the Designated Mark will be inserted in this Section 1.A no later than when a location is selected and approved as provided under the "Open License" terms and in Section 1.B below. The grant is limited to the right to operate a Specialty Store under the Designated Mark at the location designated in Section 1.B for retail over-the-counter sales to consumers of approved merchandise and services as hereinafter provided and any sales by the Franchised Business through any other means such as at wholesale, by mail order, through catalogs, electronic commerce, any other distribution channel, or at fairs or trade shows is prohibited without the express prior written consent of FRANCHISOR. If FRANCHISOR approves such sales, FRANCHISEE's sales shall comply with all conditions set forth in such consent.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to the 2025 Apricot Lane FDD, the franchisor grants the franchisee the right to use the mark "APRICOT LANE". The franchisee can use this mark to operate a specialty store at an approved location. This right is specifically for retail sales to consumers of approved merchandise and services.
The grant to use the "APRICOT LANE" mark is limited. The franchisee is prohibited from using the mark for wholesale, mail order, catalogs, electronic commerce, or at fairs or trade shows without the franchisor's express prior written consent. If Apricot Lane approves such sales, the franchisee must comply with all conditions set forth in the consent.
The FDD also states that Apricot Lane owns the trade names and service marks "APRICOT LANE" and associated logos and commercial symbols. They may also designate other trade names, trademarks, and service marks as an integral part of their system in writing. Franchisees must acknowledge that Apricot Lane owns the marks, and their right to use them comes solely from the franchise agreement. Any unauthorized use of the marks is a breach of the agreement and an infringement of Apricot Lane's rights.
Franchisees cannot use any mark or portion of a 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. They also cannot 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 Apricot Lane. Franchisees must also provide notices of trademark and service mark registrations as Apricot Lane specifies and obtain any required fictitious or assumed name registrations at their own expense.