For a Canopy Lawn Care franchise, what should the licensing of this franchise not be considered by?
Canopy_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
- 4.1 During the Initial Term and any Interim Period and for so long as Franchisee is in compliance with all of its obligations hereunder, except as otherwise provided in this Agreement, including Franchisor's reservation of rights as set forth in Sections 4.2, 4.4 and 4.7, neither Franchisor nor any Affiliate will establish or license another person or entity to establish a Lawn Care Business using the Marks licensed to Franchisee within the Territory encompassed by the boundaries and with the population base set forth in Attachment A, attached hereto and incorporated herein by reference. Except as otherwise specifically provided in this Agreement, this Agreement does not restrict Franchisor or its Affiliates and does not grant rights to Franchisee to pursue any of Franchisor's or its Affiliates other business concepts other than the Lawn Care Business.
- 4.2 Franchisee acknowledges that the Franchise granted hereunder is non-exclusive and that Franchisor and its Affiliates retain the exclusive right, among others:
- (a) to use, and to license others to use, the Marks and System for the operation of Lawn Care Businesses at any location other than in the Territory, regardless of proximity to the Territory;
- (b) to use, license or franchise the use of trademarks or service marks other than the Marks, whether in alternative channels of distribution or at any location including the Territory, in association with operations that are the same as, similar to or different than a Lawn Care Business;
- (c) to use the Marks and the System in connection with the provision of other services and products or in alternative channels of distribution such as those described in 4.2(d), at any location including the Territory;
- (d) to offer the Services or Products, or grant others the right to offer the Services or Products, whether using the Marks or other trademarks or service marks, through alternative channels of distribution, including without limitation, wholesalers, retail outlets or other distribution outlets (other than Lawn Care Businesses), or by Internet commerce (e-commerce), mail order or otherwise, whether inside or outside the Territory;
- (e) to use any websites utilizing a domain name incorporating one or more of the words "Canopy Lawn Care" or similar derivatives thereof.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 43–44)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the Canopy Lawn Care franchise agreement does not restrict Canopy Lawn Care or its affiliates from pursuing other business concepts outside of the Lawn Care Business.
Specifically, Canopy Lawn Care retains the exclusive right to use, and to license others to use, the Marks and System for the operation of Lawn Care Businesses at any location other than in the Territory, regardless of proximity to the Territory. They can also use, license or franchise the use of trademarks or service marks other than the Marks, whether in alternative channels of distribution or at any location including the Territory, in association with operations that are the same as, similar to or different than a Lawn Care Business.
Additionally, Canopy Lawn Care can use the Marks and the System in connection with the provision of other services and products or in alternative channels of distribution such as those described in 4.2(d), at any location including the Territory. They can also offer the Services or Products, or grant others the right to offer the Services or Products, whether using the Marks or other trademarks or service marks, through alternative channels of distribution, including without limitation, wholesalers, retail outlets or other distribution outlets (other than Lawn Care Businesses), or by Internet commerce (e-commerce), mail order or otherwise, whether inside or outside the Territory. Canopy Lawn Care also retains the right to use any websites utilizing a domain name incorporating one or more of the words "Canopy Lawn Care" or similar derivatives thereof.