Is there any pending infringement, opposition, or cancellation related to the Fly Fitness trademarks?

According to Fly Fitness's 2024 Franchise Disclosure Document, there are no pending issues regarding the brand's trademarks. Specifically, there are no pending infringements, oppositions, or cancellations related to the Fly Fitness trademarks. Additionally, there is no pending material federal or state court litigation involving the principal marks or other trademarks. This suggests that Fly Fitness is not currently involved in any legal disputes that could affect a franchisee's right to use the trademarks. However, the FDD also states that the FLY FITNESS mark does not have a federal registration, which means it does not have as many legal benefits and rights as a federally registered trademark.

Fly Fitness states that if the right to use any of these trademarks is challenged, a franchisee may have to change to an alternative trademark, which may increase expenses. However, if the franchisee provides timely notice of any infringement or challenge and is in full compliance with the Franchise Agreement, Fly Fitness will indemnify the franchisee for all expenses and damages arising from any claim challenging the authorized use of the principal marks or other trademarks. Fly Fitness retains the right to control any administrative proceedings or litigation involving the principal marks and requires the franchisee's full cooperation in defending or settling any litigation.

Fly Fitness also reserves the right to substitute different marks if they can no longer use the current mark or if they determine that substitution will be beneficial to the system. In such an event, Fly Fitness 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. This clause gives Fly Fitness flexibility in managing its trademarks but also places a potential financial burden on the franchisee if a change is required. Prospective franchisees should consider these factors and the potential costs associated with trademark changes when evaluating the Fly Fitness franchise opportunity.