Who is the licensor in the Intercompany License Agreement for the Fly To Fit trademark?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
Tina Murphy, our Owner, owns the trademarks described in this Item. Under an Intercompany License Agreement between us and Tina Murphy, we have been granted the exclusive right to sublicense the trademarks to franchisees throughout the United States. The agreement is of perpetual duration. It may be modified only by mutual consent of the parties. It may be canceled by our affiliate only if (1) we materially misuse the trademarks and fail to correct the misuse, or (2) we discontinue commercial use of the trademarks for a continuous period of more than one year. The Intercompany License Agreement specifies that if it is ever terminated, your franchise rights will remain unaffected.
Source: Item 13 — TRADEMARKS (FDD pages 31–33)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, Tina Murphy, the Owner of Fly To Fit, is the licensor in the Intercompany License Agreement for the Fly To Fit trademarks. Fly To Fit has been granted the exclusive right to sublicense the trademarks to franchisees throughout the United States through this agreement.
The Intercompany License Agreement between Fly To Fit and Tina Murphy is of perpetual duration and can only be modified by mutual consent of both parties. However, the agreement can be canceled by Fly To Fit's affiliate if Fly To Fit materially misuses the trademarks and fails to correct the misuse, or if Fly To Fit discontinues commercial use of the trademarks for a continuous period of more than one year.
Importantly, the Intercompany License Agreement specifies that even if it is terminated, a franchisee's rights will remain unaffected. This provides a level of security for franchisees, ensuring their ability to continue operating under the Fly To Fit trademark even if the licensing agreement between Fly To Fit and Tina Murphy is terminated.