Who determines how to protect the Floors To Go name and mark against encroachment?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
We shall protect and maintain all rights to the name and mark "Floors To Go" and all related names, marks, or logos against encroachment, misuse, or unauthorized use and against challenges to any rights of your use, as we shall determine in our sole discretion.
With respect to any use of the name and mark "Floors To Go" by you under this Agreement, you agree to give such reasonable assistance which we may require in order to defend or protect all rights to said name and mark.
In the event that you become aware of any infringement of said name or mark, you shall promptly report such infringement to us, and we shall have the sole discretion to take such action as we deem advisable, at our sole expense.
- 4.12.
Indemnification.
We shall indemnify you against any claims for infringement arising out of your use of the FTG Marks as authorized herein.
You shall indemnify us against all claims arising from your improper or unauthorized use of the FTG Marks.
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Floors To Go Franchise Disclosure Document, Floors To Go retains sole discretion in protecting its name and marks. Floors To Go will protect and maintain all rights to the name and mark "Floors To Go" and all related names, marks, or logos against encroachment, misuse, or unauthorized use and against challenges to any rights of your use, as we shall determine in our sole discretion."
As a Floors To Go franchisee, you must provide reasonable assistance if Floors To Go requires help defending or protecting its name and mark. If a franchisee becomes aware of any infringement of the Floors To Go name or mark, they must promptly report it to Floors To Go. Floors To Go has the sole discretion to take action it deems advisable at its sole expense.
Floors To Go will indemnify franchisees against claims of infringement arising from the franchisee's authorized use of the FTG Marks. However, the franchisee must indemnify Floors To Go against all claims arising from the franchisee's improper or unauthorized use of the FTG Marks. This means franchisees must adhere to Floors To Go's guidelines when using the brand's intellectual property.