What is the definition of 'Marks' as it relates to the Floyds 99 franchise?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
- a) Franchisor has developed methods for establishing and operating retail hair care businesses ("FLOYD'S 99 Shops" or "Barbershops") which use the service mark "FLOYD'S 99" and related service marks, trade names and trademarks ("Marks") and Franchisor's proprietary methods of doing business ("Licensed Methods"). Terms not otherwise defined in this Agreement shall have the meanings as defined in the Franchise Agreement.
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, the term "Marks" refers to the service mark "FLOYD'S 99" along with related service marks, trade names, and trademarks used by Floyds 99. Floyds 99 has developed methods for establishing and operating retail hair care businesses, referred to as "FLOYD'S 99 Shops" or "Barbershops," utilizing these Marks.
As a Floyds 99 franchisee, you are granted the right to use these Marks to operate your barbershop. However, this right is contingent upon adhering to the terms and conditions outlined in the Franchise Agreement. Upon termination or expiration of the agreement, the franchisee must immediately cease all use of the Marks, except in connection with barbershops they are then operating under effective Franchise Agreements.
Floyds 99 also commits to protecting franchisees against claims of infringement or unfair competition related to the authorized use of the Marks, provided that Floyds 99's legal counsel believes such protection is warranted. This protection is particularly emphasized in the addendum for the state of Minnesota. This means that Floyds 99 will take legal action to defend a franchisee's right to use the Floyds 99 Marks if another party tries to claim that the franchisee is infringing on their trademarks or unfairly competing with them.