Is Floors To Go obligated to defend the Marks licensed with the FTG System?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
FTG is also obligated to use its commercially reasonable efforts to:
- (1) maintain the reputation of the FTG System;
- (2) maintain a wide variety of floor covering and window treatment products at favorable prices; and
- (3) defend the Marks licensed with the FTG System.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 22–27)
What This Means (2025 FDD)
According to the 2025 Floors To Go Franchise Disclosure Document, Floors To Go is obligated to defend the Marks licensed with the FTG System. This obligation is part of Floors To Go's broader commitment to maintain the reputation of the FTG System.
This means that Floors To Go is expected to take necessary actions to protect its trademarks and service marks from infringement or unauthorized use by third parties. This protection extends to the Marks licensed to franchisees, ensuring that the brand's identity and reputation are upheld across all franchise locations. For a franchisee, this provides assurance that the franchisor is actively working to prevent others from unfairly capitalizing on the Floors To Go brand and its associated goodwill.
While Floors To Go is obligated to defend the Marks, the FDD does not specify the exact measures or resources the company will employ in doing so. It also does not detail the circumstances under which Floors To Go would initiate legal action or other protective measures. A prospective franchisee should inquire about the specific procedures and resources Floors To Go has in place to defend its Marks and what support or involvement is expected from franchisees in such matters.