Does Fitstop have any pending patent applications material to the franchise?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
We do not own any registered patents or pending patent applications that are material to the franchise. We and our affiliate (Fitstop IP Pty Limited a/k/a TM Owner) do claim common law copyright and trade secret protection for several aspects of the franchise System including our Manuals, training materials, advertising, and business materials. TM Owner owns such intellectual property rights and, similar to the Proprietary Marks, licenses this intellectual property to us.
There are no current determinations, proceedings or litigation involving any of our copyrighted materials. If you learn that any unauthorized third party is using any of our copyrighted materials, we request that you notify us of such unauthorized use. We may revise our System and any of our copyrighted materials in our
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 38–40)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, Fitstop does not own any registered patents or have any pending patent applications that are material to the franchise. However, Fitstop and its affiliate, Fitstop IP Pty Limited, claim common law copyright and trade secret protection for aspects of the franchise system. These include manuals, training materials, advertising, and business materials. Fitstop IP Pty Limited owns these intellectual property rights and licenses them to Fitstop.
Fitstop also states that there are no current determinations, proceedings, or litigation involving any of their copyrighted materials. Franchisees are requested to notify Fitstop if they learn of any unauthorized third-party use of their copyrighted materials. Fitstop retains the right to revise its system and copyrighted materials and may require franchisees to stop using outdated copyrighted material. Franchisees are responsible for printing any revised or new advertising, marketing, or other business materials.
During the franchise term, franchisees will receive information considered trade secrets and confidential. Franchisees are prohibited from communicating, divulging, or using this confidential information for the benefit of any other person or entity, both during and after the franchise term. Disclosure is permitted only to employees who need access to fulfill their job obligations. Franchisees must ensure that their Designated Manager and personnel with access to confidential information sign a confidentiality and non-competition agreement, which identifies Fitstop as a third-party beneficiary with independent enforcement rights.