Who owns the Marks associated with the Fly Fitness franchise system?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
veloped by Franchisee for the Fly Fitness brand and approved by Franchisor may be used by other System franchisees without any compensation to Franchisee.
14. INTELLECTUAL PROPERTY.
14.1 Ownership.
- 14.1.1. Franchisee expressly understands and acknowledges that Fly A Fitness Revolution, LLC, or its successor, ("Licensor") is the record owner of the Marks. Franchisor holds the exclusive right to license the Marks to franchisees of the System for use pursuant to the System. Franchisee further expressly understands and acknowledges that Franchisor claims copyrights on certain written material used in the System, including but not limited to, forms, advertisements, promotional materials, photographs, social media content, the Website, and the Manual, whether or not Franchisor has filed for copyrights thereto with the U.S. Copyright Office. The Marks and copyrights are hereafter together referred to as the "Intellectual Property".
- 14.1.2. As between Franchisor and Franchisee, Licensor and Franchisor are the owner of all right, title and interest in and to the Intellectual Property and the goodwill associated with and symbolized by them.
- 14.2. No Interference. Neither Franchisee nor any Principal shall take any action that would prejudice or interfere with the validity of Franchisor's or Licensor's rights with respect to the Intellectual Property.
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, Fly A Fitness Revolution, LLC, or its successor, is the record owner of the Marks associated with the Fly Fitness franchise system. Fly Fitness holds the exclusive right to license the Marks to franchisees for use within the System. The franchisor also claims copyrights on written material used in the System, including forms, advertisements, promotional materials, photographs, social media content, the Website, and the Manual. These Marks and copyrights are collectively referred to as the "Intellectual Property".
As the franchisee, you acknowledge that Fly Fitness and its licensor own all rights, titles, and interests in the Intellectual Property and the goodwill associated with it. You are only granted the right to use this Intellectual Property and the System according to the franchise agreement for operating your franchised business. You cannot take any actions that would negatively impact the validity of Fly Fitness's rights to its Intellectual Property.
This means that as a Fly Fitness franchisee, you are granted a limited license to use the brand's trademarks and copyrighted materials. However, you do not own them and must adhere to Fly Fitness's guidelines for their use. Any goodwill generated through your use of the Intellectual Property benefits Fly Fitness. Upon termination of the franchise agreement, your right to use the Intellectual Property ceases, and you cannot claim any monetary value for the goodwill you helped create.
Fly Fitness retains the right to substitute different Marks if it deems beneficial to the System. Franchisees are responsible for advertising the Franchised Business only under the Mark "Fly Fitness" unless otherwise authorized. Franchisees cannot use the Marks as part of their corporate or legal name, and all fictitious names must include "a franchisee of Fly Fitness Franchise, L.L.C.".