What must a Floors To Go franchisee do if there is an infringement of the FTG Marks?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
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, if a franchisee becomes aware of any infringement of the Floors To Go name or mark, they are required to promptly report such infringement to Floors To Go. After being notified, Floors To Go has the sole discretion to take any action they deem advisable, and they will bear the expense of this action. This is a standard clause in most franchise agreements, as the franchisor is typically responsible for protecting its trademarks.
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 the franchisee's use, as Floors To Go determines in its sole discretion. The franchisee agrees to give reasonable assistance that Floors To Go may require in order to defend or protect all rights to the name and mark.
Floors To Go also agrees to indemnify the franchisee against any claims for infringement arising out of the franchisee's authorized use of the FTG Marks. However, the franchisee must indemnify Floors To Go against all claims arising from their improper or unauthorized use of the FTG Marks. This means that franchisees must adhere to the guidelines and standards set by Floors To Go when using their trademarks to avoid potential legal issues.