Can Gokhale Method franchisees use the 'Ergonomic systems and devices' patent in cushions?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
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. 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. The Franchise Agreements do not provide you any rights if you decide to modify or discontinue the subject matter of the patents and copyrights.
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 can use the 'Ergonomic systems and devices' patent in cushions. Esther Gokhale owns two patents that are relevant to the franchise, and franchisees can use the products covered by these patents in classes and sell them to students or the public. The first patent, "Ergonomic systems and devices" (patent number 7,540,564), covers systems or devices that provide traction or support to stretch or decompress the spine. This patent can be applied to chairs, beds, cushions, or other furniture.
The second patent is for a "Cushion Device" (patent number D604,084), which covers an ornamental design for a cushion. While franchisees can resell products protected by these patents, they do not gain rights to the underlying intellectual property.
It is important to note that the Gokhale Method Franchise Agreement does not require the franchisor to protect these patents or indemnify franchisees if they are sued for infringement. Additionally, franchisees do not have any rights if the franchisor decides to modify or discontinue the patented products. Prospective franchisees should consider these factors and seek clarification from Gokhale Method regarding patent protection and potential liabilities.