Does Fly Fitness have any pending patent applications material to the franchise?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
or indirectly contest Licensor's right, or our right, to the Principal Marks or other trademarks.
There are no currently effective material determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeals Board, the Trademark Administration of any state, or any court relating to the Marks. There is no pending infringement, opposition, or cancellation. There
is no pending material federal or state court litigation involving the Principal Marks or other of our trademarks.
There are no currently effective agreements that significantly limit Licensor's or our rights to use or license the use of the Principal Marks or other of our trademarks in a manner material to the franchise.
As of the date of this Disclosure Document, we know of no superior prior rights or infringing uses that could materially affect your use of the Principal Marks.
ITEM 14: PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
We hold no patents and have no pending patent applications that are material to the franchise. We have registered no copyright with the United States Copyright Office. However, we claim copyrights on certain forms, advertisements, promotional materials, photographs, and other written materials. We also claim copyrights and other proprietary rights in our Manual and website.
There are no current material determinations of, or proceedings pending in, the United States Patent and Trademark Office, the U.S. Copyright Office, or any court regarding any of our copyrights discussed above.
There are no agreements currently in effect which limit your right to use any of our copyrights.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 32–33)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, there are no currently effective material determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeals Board, or any court relating to the marks. Additionally, there is no pending infringement, opposition, or cancellation. The document also states that there is no pending material federal or state court litigation involving the Principal Marks or other of their trademarks. This suggests that Fly Fitness is not currently involved in any legal disputes regarding its trademarks.
Fly Fitness states that there are no currently effective agreements that significantly limit their rights to use or license the use of the Principal Marks or other of their trademarks in a manner material to the franchise. As of the date of the Disclosure Document, Fly Fitness knows of no superior prior rights or infringing uses that could materially affect a franchisee's use of the Principal Marks. However, the FLY FITNESS mark does not have a federal registration, which means it may not have as many legal benefits and rights as a federally registered trademark.
If Fly Fitness's right to use any of these trademarks is challenged, a franchisee may have to change to an alternative trademark, which may increase their expenses. Fly Fitness reserves the right to substitute different Marks if they can no longer use the current Mark, or if they determine that substitution of different Marks will be beneficial to the System. In such event, they may require the franchisee, at their expense, to modify or stop using any Mark, including the Principal Marks, or to use one or more additional or substitute Marks. A franchisee must not directly or indirectly contest Licensor's right, or Fly Fitness's right, to the Principal Marks or other trademarks.