Can Gokhale Method franchisees use the 'Ergonomic systems and devices' patent in chairs?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
FORMATION
Esther Gokhale is the inventor and owner of two patents that are material to the franchise. The two patents cover products that franchisees may use in classes and sell to students or members of the public.
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.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 25–26)
What This Means (2024 FDD)
According to the 2024 Gokhale Method FDD, franchisees can use the 'Ergonomic systems and devices' patent in chairs. Esther Gokhale owns a patent titled "Ergonomic systems and devices," bearing patent number 7,540,564, issued on June 2, 2009, for a term of 17 years. This patent covers systems or devices that provide traction or support to stretch or decompress the spine. The FDD specifies that this patent can be used in chairs, beds, cushions, or other articles of furniture.
This means that Gokhale Method franchisees have the right to use the patented technology in chairs and other furniture items within their classes and for products they sell to students or the public. However, franchisees do not have any rights to the underlying intellectual property itself. They are only permitted to resell products protected by patents owned or licensed to Gokhale Method.
It is important to note that the Gokhale Method Franchise Agreement does not obligate Gokhale Method to protect the patents or indemnify franchisees if they are sued for infringement related to the use of patented products. Additionally, franchisees do not have any rights if Gokhale Method decides to modify or discontinue the patented technology. Therefore, while franchisees can utilize the patent, they do so with the understanding that their rights are limited and subject to the franchisor's decisions and potential legal risks.