Does Fly Fitness use trade dress as part of its System?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
Through the expenditure of considerable time, effort and money, Franchisor has developed and established unique and distinctive fitness boutique fitness studio concept offering mainly group fitness classes, but also semi-private, and private sessions in a non-judgmental environment, using Franchisor's format, trade dress, marketing, operations and management methods, training and assistance, Franchisor's confidential operations manual ("Manual") of business practices and policies, distinctive exterior and interior design, décor, color scheme, fixtures and furnishings, all of which may be changed, improved or further developed by Franchisor at any time (taken together herein the "System").
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, the franchise utilizes trade dress as part of its overall business system. The FDD specifies that Fly Fitness has developed a distinctive fitness studio concept that incorporates trade dress, along with other elements like marketing methods, operational procedures, and a confidential operations manual. This system also includes distinctive exterior and interior designs, décor, color schemes, fixtures, and furnishings. Fly Fitness retains the right to modify these elements at any time.
For a prospective franchisee, this means that the appearance and overall aesthetic of the Fly Fitness studio are carefully controlled and standardized. Franchisees are expected to adhere to the franchisor's specifications regarding the studio's design and layout. This standardization aims to create a consistent brand image across all Fly Fitness locations, which can contribute to customer recognition and trust.
The franchise agreement emphasizes the importance of maintaining these standards. Franchisees must acknowledge the necessity of operating their business in conformity with Fly Fitness's standards for quality, service, and appearance. This obligation extends to all aspects of the business, including the use of trade dress, to ensure uniformity and protect the brand's reputation. Unauthorized use of the intellectual property, including trade dress, constitutes an infringement of Fly Fitness's rights and a material breach of the franchise agreement.
Fly Fitness also reserves the right to change or substitute different marks for use in identifying the System and the Franchised Business, if it determines that substitution of different Marks will be beneficial to the System. Franchisee covenants not to commence or join in any litigation or other proceeding against Franchisor for any of these expenses, losses, or damages.