Under what conditions may an Apricot Lane franchisee use the Marks?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
al proceeding involving the Marks.
You may use the Marks only as permitted by the Franchise Agreement and in accordance with our guidelines. Any goodwill established by your use of the Marks belongs to COUNTRY VISIONS. You may not contest the validity or ownership of the Marks or assist another in contesting the Marks at any time during or following the term of the franchise.
You may not use any Mark as part of your corporate name, or in any modified form or in the sale of any unauthorized product or service, or in any manner not authorized in writing by COUNTRY VISIONS. You shall give notices of trademark and service mark registrations as specified by COUNTRY VISIONS and obtain fictitious or assumed name registrations required under applicable law.
ITEM 14 PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
We own no patents material to the franchise. We have unregistered copyrights in our Confidential Operations Manual, promotional materials, training materials and other works used in the offer, sale and operation of franchises.
There are no current determinations of the Patent and Trademark Office, the Copyright Office or any court regarding any copyright of COUNTRY VISIONS. There are no agreements that limit our use of the copyrights. We do not know of any infringing uses that could materially affect your use of any copyrighted material supplied by COUNTRY VISIONS.
COUNTRY VISIONS has no obligation under the Franchise Agreement or otherwise to protect any or all rights that you have or may acquire to use a patent, patent application or copyright which COUNTRY VISIONS may have or may obtain. The Franchise Agreement does not require you to notify us of any infringement claims. We need not take any affirmative action to protect the copyrighted works, although we have the right to control any litigation relating to the copyrighted works. We need not participate in your defense nor indemnify you for expenses or damages if you are a party to an administrative or judicial proceeding involving a copyrighted work or if the proceeding is resolved unfavorably to you.
As a franchisee, you will receive information that is proprietary, confidential and a trade secret of COUNTRY VISIONS.
Source: Item 13 — TRADEMARKS (FDD pages 32–33)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, an Apricot Lane franchisee can only use the Marks as permitted by the Franchise Agreement and in accordance with the franchisor's guidelines. The franchisee builds goodwill for Apricot Lane through their use of the Marks, but the franchisee cannot contest the validity or ownership of the Marks during or after the franchise term. The trademark "APRICOT LANE" is registered with the United States Patent and Trademark Office under registration number 3,011,274 since November 1, 2005.
The franchisee is prohibited from using any Mark as part of their corporate name, in any modified form, in the sale of unauthorized products or services, or in any manner not authorized in writing by Apricot Lane. The franchisee must provide notices of trademark and service mark registrations as specified by Apricot Lane and obtain any required fictitious or assumed name registrations under applicable law.
Apricot Lane may change or modify the System, including the adoption and use of new or modified trade names, trademarks, service marks, or copyrighted materials. The franchisee is required to accept, use, and display these changes as if they were part of the Franchise Agreement at the time of signing. The franchisee will be responsible for expenditures reasonably required by these changes, including changes in the Marks, subject to limitations outlined in Item 8 of the Disclosure Document. The franchisee cannot change, modify, or alter the System in any way, except as directed by Apricot Lane.
The franchisee must promptly notify Apricot Lane of any infringement or challenge to the use of the Marks, as well as any action, claim, or demand against them relating to the Marks, within 10 days of receiving notice. Apricot Lane will then take action it deems appropriate and has the right to control any litigation or administrative proceeding arising from any infringement, challenge, or claim relating to the Marks. If Apricot Lane initiates an action, it will bear all expenses of the proceedings. However, Apricot Lane is not obligated to protect or defend the franchisee's use of the Marks or to indemnify the franchisee for damages if they are party to any administrative or judicial proceeding involving the Marks.