To what extent does Floors To Go have to protect the 'Floors To Go' name and mark in Minnesota?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
In recognition of the requirements of the Minnesota Franchise Act, Minn. Stat. §§ 80C.01 through 80C.22, and of the Rules and Regulations promulgated thereunder by the Minnesota Commissioner of Commerce, Minn. Rules §§ 2860.0100 through 2860.9930, the parties to the attached Membership Agreement (the "Agreement") agree as follows:
- The first sentence of Section 4.11 of the Agreement shall be deleted in its entirety and shall have no force or effect, and the following shall be substituted in lieu thereof:
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, to the extent required by Minnesota Statutes §80C.12, Subd. 1(g).
- The first sentence of Section 4.12 of the Agreement shall be deleted in its entirety and shall have no force or effect, and the following shall be substituted in lieu thereof:
We shall indemnify you against any claims for infringement arising out of your use of the FTG Marks as authorized herein, to the extent required by Minnesota Statutes §80C.12, Subd. 1(g).
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Floors To Go Franchise Disclosure Document, the franchisor's obligation to protect its trademarks in Minnesota is defined by an amendment to the standard franchise agreement, aligning with Minnesota state law. Specifically, Floors To Go is required to protect and maintain all rights to the "Floors To Go" name and mark, including related names, marks, or logos, against encroachment, misuse, unauthorized use, and challenges to their rights of use. This protection is mandated to the extent required by Minnesota Statutes §80C.12, Subd. 1(g). This amendment directly modifies sections of the standard agreement to comply with Minnesota's franchise regulations. Floors To Go also agrees to indemnify the franchisee against claims of infringement arising from the franchisee's authorized use of the Floors To Go marks, again, to the extent required by Minnesota Statutes §80C.12, Subd. 1(g).
This amendment indicates that Minnesota law places specific requirements on franchisors regarding trademark protection and franchisee indemnification. By referencing Minnesota Statutes §80C.12, Subd. 1(g), the amendment ensures that Floors To Go's obligations are consistent with the legal standards set by the state. This likely means that Floors To Go must take reasonable steps to prevent others from infringing on the "Floors To Go" trademark within Minnesota and must also cover the franchisee's legal costs if they are sued for using the trademark as authorized by the franchise agreement.
For a prospective Floors To Go franchisee in Minnesota, this amendment offers a degree of assurance that the franchisor is legally obligated to protect the brand's trademarks within the state. It also provides some financial protection against potential legal claims related to trademark infringement. However, the extent of this protection is explicitly tied to the requirements of Minnesota Statutes §80C.12, Subd. 1(g), so franchisees should familiarize themselves with the specifics of that statute to fully understand the scope of Floors To Go's obligations and their own rights under the agreement.