Can a Floors To Go franchisee challenge the validity of the Marks?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
- b.
You shall not in any way challenge or contest the validity of the Marks or any of our rights under this Agreement, nor shall you willingly become an adverse party to litigation in which others shall so contest the Marks or our rights.
In addition, you shall not in any way seek to avoid or reduce your obligations hereunder because of the assertion or allegation by any person(s) that the Marks or any of them are invalid or by reason of any contest or claim concerning our rights.
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Floors To Go Franchise Disclosure Document, franchisees are prohibited from challenging the validity of the Floors To Go Marks. The agreement explicitly states that franchisees acknowledge Floors To Go's ownership and rights to the Marks and the validity of their registrations.
Specifically, franchisees cannot perform any action that could impair Floors To Go's rights to the Marks. They are also forbidden from contesting the validity of the Marks or becoming an adverse party in litigation against Floors To Go concerning these Marks. Furthermore, franchisees cannot attempt to reduce their obligations under the agreement by claiming the Marks are invalid.
This clause ensures that Floors To Go maintains control over its brand and intellectual property. It prevents franchisees from undermining the brand's value or creating legal challenges that could harm the franchise system. Prospective franchisees should understand that they are licensing the use of the Marks and cannot claim any ownership or challenge their validity during or after the franchise agreement.