Is a Floyds 99 franchisee allowed to register any of the marks as part of a domain name on the Internet?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
g and proper use of computers and registers. The Franchisor may use such shopping services to evaluate the Franchisee's FLOYD'S 99 Shop at any time at the Franchisor's expense, without prior notification to the Franchisee. The Franchisor may make the results of any such service evaluation available to the Franchisee, in the Franchisor's sole discretion.
15. MARKS, TRADE NAMES AND PROPRIETARY INTERESTS
15.1 Marks. The Franchisee acknowledges that the Franchisor or the Franchisor's affiliate Floyd's 99 Holdings, LLC, has the sole right to own, license and control the Franchisee's use of the "FLOYD'S 99" service mark and other of the Marks, and that such Marks shall remain under the sole and exclusive ownership and control of the Franchisor or Floyd's 99 Holdings, LLC. The Franchisee shall display the Marks prominently at the Barbershop premises and on furnishings and packaging materials and in connection with forms, advertising and marketing, all in a manner as the Franchisor shall reasonably prescribe. The Franchisee acknowledges that it has not acquired any right, title or interest in such Marks except for the right to use such marks in the operation of its FLOYD'S 99 Shop as it is governed by this Agreement. Except as permitted in the Operations Manual, the Franchisee shall not use any of the Marks as part of an electronic mail address, or on any sites on the Internet and the Franchisee shall not use or register any of the Marks as part of a domain name on the Internet.
15.2 No Use of Other Marks. No service marks other than "FLOYD'S 99" or such other Marks as may be specified by the Franchisor shall be used in the identification, marketing, promotion or operation of the FLOYD'S 99 Shop.
15.3 Licensed Methods. The Franchisee acknowledges that the Franchisor owns and controls the distinctive plan for the establishment, operation and promotion of the FLOYD'S 99 Shop and all related licensed methods of doing business, previously defined as the "Licensed Methods," which include, but are not limited to, the Franchisor's standards and specifications for the franchised site, premises, leasehold improvements, interior finish, interior décor, furnishings, equipment, products, product formulas, supplies, materials, inventory type and control, technical equipment standards, order fulfillment methods, client relations, marketing techniques, written promotional materials, advertising, accounting systems, and service delivery methods, all of which constitute confidential trade secrets of the Franchisor. The Franchisee acknowledges that the Franchisor has valuable rights in and to such trade secrets.
Source: Item 22 — CONTRACTS (FDD pages 57–58)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, franchisees are generally prohibited from using or registering any of the Floyds 99 marks as part of a domain name on the Internet. This restriction is in place to protect the brand's uniformity and image across all online platforms. Floyds 99 maintains sole ownership and control over its trademarks, ensuring consistent representation to the public.
Floyds 99 recognizes its prior and superior claim to the "FLOYD'S 99" trade name. While franchisees cannot use "FLOYD'S 99" in their legal business entity name, they may be able to register a domain name or trade name including "FLOYD'S 99" with the franchisor's prior written consent and if it meets Floyds 99's specifications.
Upon termination or expiration of the franchise agreement, the franchisee must transfer any rights they may have in a domain name utilizing the words "FLOYD'S 99" or any other mark owned by Floyds 99 to the franchisor. This ensures that Floyds 99 retains complete control over its brand and online presence, even after a franchise relationship ends. Franchisees are also required to identify themselves as a "Floyd's 99 Licensee" or "Floyd's 99 Franchisee" in all advertising and promotional materials to clearly indicate their independent ownership.