Does Floors To Go have the right to protect and maintain all rights to the name and mark "Floors To Go"?
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.
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 the right to 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, as well as against challenges to any rights of the franchisee's use, as determined at their sole discretion. Floors To Go also requires the franchisee to provide reasonable assistance to defend or protect all rights to said name and mark.
The agreement specifies that 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 then has the sole discretion to take action they deem advisable, at their sole expense.
However, for franchisees in Minnesota, the FDD includes a specific amendment. The Minnesota Amendment states that Floors To Go will protect and maintain all rights to the name and mark "Floors To Go" and related logos against misuse or unauthorized use and challenges to the franchisee's rights only to the extent required by Minnesota Statutes §80C.12, Subd. 1(g). This indicates that the extent of protection and maintenance may be limited by Minnesota law for franchisees operating in that state.