Is the license granted to a Flowerama Fulfiller to use the Licensed Property transferable or sublicensable?
Flowerama Franchise · 2024 FDDAnswer from 2024 FDD Document
2. Grant of Rights.
(a) Subject to the terms and conditions of this Agreement, 1- 800-Flowers licenses to Fulfiller a limited, non-exclusive, nontransferable, non-sublicensable, and revocable license to use, reproduce, and display the trademarks "Fruit Bouquets by 1-800- Flowers", "Fruit Bouquets.com", "Shari's Berries" and select other trademarks or service marks of 1-800-Flowers as determined within the sole discretion of 1-800-Flowers and the recipes, photos and descriptions of the Products (collectively the "Licensed Property") as needed solely for the purpose of fulfillment of the Products in the USA (the "Territory"), and for no other purpose whatsoever. No right, property or interest in the Licensed Property is intended to be given to, or acquired by, the Fulfiller by the execution or performance of this Agreement, except for the limited license granted to Fulfiller under this Section 2.
Source: Item 23 — RECEIPTS (FDD pages 77–300)
What This Means (2024 FDD)
According to the 2024 Flowerama Franchise Disclosure Document, the license granted to a Fulfiller for using the Licensed Property is explicitly non-transferable and non-sublicensable. Specifically, 1-800-Flowers licenses to the Fulfiller a limited, non-exclusive, nontransferable, non-sublicensable, and revocable license to use, reproduce, and display certain trademarks and service marks. These include "Fruit Bouquets by 1-800- Flowers", "Fruit Bouquets.com", "Shari's Berries" and other trademarks or service marks of 1-800-Flowers, along with recipes, photos, and descriptions of the products.
This means a Flowerama Fulfiller cannot transfer their rights to use these trademarks and related materials to another party, nor can they sublicense these rights, allowing someone else to use them on their behalf. The license is strictly for the Fulfiller's own use in fulfilling product orders within the USA.
This restriction is typical in franchising to maintain brand consistency and control. Flowerama retains full ownership and control over its intellectual property, ensuring that only authorized Fulfillers use the Licensed Property and adhere to the company's standards. This protects the brand's reputation and ensures consistent quality across all fulfillment operations.