Who is the record owner of the Marks associated with the Fly Fitness franchise?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
- 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.
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. However, Fly Fitness holds the exclusive right to license the Marks to franchisees of the System for use pursuant to the System. The Marks and copyrights are referred to as the Intellectual Property. As between Fly Fitness and the franchisee, Fly A Fitness Revolution, LLC and Fly Fitness are the owner of all right, title and interest in and to the Intellectual Property and the goodwill associated with and symbolized by them.
As a Fly Fitness franchisee, you acknowledge that Fly Fitness or Fly A Fitness Revolution, LLC owns all rights to the intellectual property. You can only use the intellectual property and system according to the franchise agreement for operating your franchised business. Any goodwill that results from your use of the intellectual property will benefit Fly Fitness and Fly A Fitness Revolution, LLC. You cannot claim any monetary value for goodwill associated with your use of the intellectual property when the agreement expires or terminates.
As a Fly Fitness franchisee, you cannot take any actions that would damage or interfere with the rights of Fly Fitness or Fly A Fitness Revolution, LLC regarding the intellectual property. Unauthorized use of the intellectual property is considered a violation of the franchise agreement. You must assist Fly Fitness or Fly A Fitness Revolution, LLC in protecting their rights to the intellectual property by providing necessary documents and information. Fly Fitness can substitute different marks if it benefits the system, and you are not entitled to compensation for any resulting expenses or losses.