Can Gokhale Method franchisees use the 'Ergonomic systems and devices' patent in beds?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
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The first patent is titled "Ergonomic systems and devices." It is a mechanical patent bearing number 7,540,564, issued June 2, 2009 for a period of 17 years. This patent covers a system or device for providing traction or support to portions of the user's body to help stretch or decompress the user's spine. The patent can be used in chairs, beds, cushions or other articles of furniture.
The second patent is titled "Cushion Device." It is a design patent bearing number D604,084, issued November 17, 2009 for 17 years. This patent covers an ornamental design for a cushion device.
Although we haven't filed any applications for copyright registration, we claim copyright protection as well as trade secret protection for the teaching script, Teacher's Manual, software, advertising materials, and other materials we give you for your use or for public dissemination, other proprietary information and publications we own or have acquired under license from a third party, and everything concerning the Gokhale System. You may resell products that are protected by patents owned or licensed to us, but have no rights to the underlying intellectual property.
We do not include in the Franchise Agreement any provision requiring us to protect the Patents or copyrights, or to defend, indemnify you or hold you harmless if a third party sues you for infringement for using our patented products.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 25–26)
What This Means (2024 FDD)
According to the 2024 Gokhale Method Franchise Disclosure Document, franchisees may utilize the 'Ergonomic systems and devices' patent in beds. The patent, titled "Ergonomic systems and devices" with patent number 7,540,564, was issued on June 2, 2009, for a term of 17 years.
The patent covers systems or devices designed to provide traction or support to portions of the user's body, aiding in stretching or decompressing the spine. The FDD specifies that this patent is applicable to various articles of furniture, including chairs, beds, and cushions. This means Gokhale Method franchisees have the right to use this patented technology within these items for use in classes and for sale to students or members of the public.
While franchisees can resell products protected by patents owned or licensed to Gokhale Method, they do not acquire any rights to the underlying intellectual property itself. The Franchise Agreement does not obligate Gokhale Method to protect the patents or to defend or indemnify franchisees if a third party sues them for infringement related to the use of the patented products. Additionally, franchisees do not have any rights if Gokhale Method decides to modify or discontinue the patented products.