Does Minnesota law require Engel & Volkers to protect a franchisee's right to use trademarks?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
-
- Minnesota considers it unfair to not protect the franchisee's right to use the trademarks. Refer to MINN. STAT. SECTION 80C.12 SUBD. 1(G). The franchisor will protect the franchisee's rights to use the trademarks, service marks, trade names, logotypes, or other commercial symbols or indemnify the franchisee from any loss, costs, or expenses arising out of any claim, suit, or demand regarding the use of the name.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 63–71)
What This Means (2025 FDD)
According to Engel & Volkers's 2025 Franchise Disclosure Document, Minnesota law considers it unfair for Engel & Volkers not to protect a franchisee's right to use trademarks. Specifically, MINN. STAT. SECTION 80C.12 SUBD. 1(G) addresses this issue. Engel & Volkers states that it will protect the franchisee's rights to use trademarks, service marks, trade names, logotypes, or other commercial symbols.
Furthermore, Engel & Volkers commits to indemnifying the franchisee from any losses, costs, or expenses that may arise from claims, suits, or demands related to the use of the Engel & Volkers name. This protection and indemnification are significant benefits for a franchisee, as they mitigate potential legal and financial risks associated with trademark usage.
This requirement ensures that Engel & Volkers franchisees in Minnesota can confidently use the brand's trademarks without fear of legal repercussions, as Engel & Volkers assumes the responsibility for any claims or disputes related to trademark usage. This is more protective than in some states where the franchisee may have to bear some responsibility for trademark protection.