Does Deck Medic own any patents or copyrights material to the franchise system?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 1: THE FRANCHISOR AND ANY PARENTS, PREDECESSORS AND AFFILIATES]
The Franchised Business
We license a system (the "System") for the operation of a Deck Medic business (each, a "Franchised Business" or "Deck Medic Business") that provides professional outdoor wood restoration and power washing services, as well as other services and products in accordance with our unique standards and specifications (the "Approved Services and Products"). The System includes Approved Services and Products that we currently designate and that we may modify, add to or discontinue from time to time, and our specifications, methods and procedures for the preparation, service, marketing and sale of Approved Services and Products by the Franchised Business. The System also features and requires, as designated by us, your exclusive use of products, supplies, warranties, equipment, service vehicles, and materials that we designate (the "System Supplies"). The System is identified by the Deck Medic registered trademark, registered logo, and such other trademarks, logos, and trade-dress that we may designate, modify or adopt from time to time and as same may or may not be registered with the United States Patent and Trademark Office (collectively, the "Licensed Marks"). You must develop and operate your Deck Medic Business in conformity with the specifications, procedures, criteria, and requirements that we designate in our confidential operations manual and other proprietary manuals that we designate and as we may supplement and modify from time to time (collectively, the "Manuals").
[Item 23: RECEIPTS]
"Intellectual Property" refers to and means, individually and collectively, our Licensed Marks, Copyrights, Know-How, and System.
"Know-How" refers to means our trade secrets and proprietary information relating to the development, establishment, marketing, promotion and/or operation of a Deck Medic Business including, but not limited to, methods, techniques, specifications, procedures, policies, marketing strategies and information reflected in, included in, comprising and/or constituting a part of the System. Without limitation to the foregoing, Know-How shall further include information contained in the Operations Manual and the Confidential Information.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD page 33)
What This Means (2024 FDD)
Based on the 2024 Franchise Disclosure Document, Deck Medic's franchise system relies on a licensed system that includes approved services and products, specifications, methods, and procedures. This system requires franchisees to exclusively use designated products, supplies, warranties, equipment, service vehicles, and materials. The Deck Medic system is identified by registered trademarks, logos, and trade dress, which may or may not be registered with the United States Patent and Trademark Office. Franchisees are obligated to operate their Deck Medic business in accordance with the specifications outlined in the confidential operations manual.
The FDD defines "Intellectual Property" as the Licensed Marks, Copyrights, Know-How, and System, indicating that copyrights are considered part of their intellectual property. The "Know-How" encompasses trade secrets and proprietary information related to the Deck Medic business, including methods, techniques, specifications, procedures, policies, and marketing strategies detailed in the Operations Manual and Confidential Information.
While the FDD mentions that the Deck Medic system uses trademarks, logos, and trade dress, it does not explicitly state whether Deck Medic owns any patents material to the franchise system. A prospective franchisee should seek clarification from the franchisor regarding any patents associated with the Deck Medic system and their relevance to the franchise operation.