In the Floyds 99 FDD, what are the 'Marks' referring to?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) Marks and Confidential Information. Except in connection with Barbershops Developer is then operating under effective Franchise Agreements with Franchisor, or with respect to which a Franchise Agreement has been signed prior to the date of expiration or termination of this Agreement, Developer agrees to immediately and permanently cease to use, by advertising or in any manner whatsoever, the Marks and Confidential Information; slogans, trademarks, trade names, service marks, designs, trade dress or logos which are similar in nature to the Marks; or any equipment, materials, forms, confidential methods, procedures, recipes and techniques associated with or similar to the FLOYD'S 99 system or which display the Marks or any other distinctive forms, slogans, signs, symbols, trade dress or devices associated with or belonging to Franchisor or its affiliates.
The Franchisor agrees to protect the Franchisee against claims of infringement or unfair competition with respect to the Franchisee's authorized use of the Marks when, in the opinion of counsel to the Franchisor, the Franchisee's rights granted therein warrant protection.
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 trademarks, trade names, service marks, designs, trade dress, or logos associated with the Floyds 99 system. These Marks can also include slogans, equipment, materials, forms, confidential methods, procedures, recipes, and techniques.
For a prospective Floyds 99 franchisee, understanding the definition and usage restrictions of these Marks is crucial. Upon termination or expiration of the Development Agreement, the franchisee must immediately and permanently cease using the Marks, including any similar trademarks, trade names, or logos. This restriction applies to all advertising and any other manner of use, except for barbershops the franchisee continues to operate under a valid Franchise Agreement.
Floyds 99 also commits to protecting franchisees against claims of infringement or unfair competition related to the use of these Marks, provided that Floyds 99's legal counsel believes such protection is warranted. This protection is particularly relevant in states like Minnesota, where specific regulations exist to safeguard franchisees' rights and prevent franchisors from imposing unfair litigation terms or limiting franchisees' legal recourse.