What steps will the Gokhale Method take to preserve and protect their rights to use the Marks?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
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- 9.3.2. The license of the Marks granted to you is not exclusive, and we retain the rights, among others: (a) to use the Marks ourselves in connection with selling products, merchandise, and services; (b) to grant other licenses for the Marks; (c) to develop and establish other systems using the Marks, similar Marks, or any other Marks; and (d) to grant licenses thereto without providing any rights therein to you.
- 9.3.3. We reserve the right, in our sole discretion, to modify, add to, or discontinue use of the Marks, or to substitute different Marks, for use in identifying the System and the businesses operating thereunder. You agree that if we change the Marks that you will comply with any changes we require you to make at your expense.
10. TEACHERS' MANUAL, CONFIDENTIAL INFORMATION AND YOUR IDEAS
- 10.1. Standards of Operation. In order to protect our reputation and goodwill and to maintain high standards of operation under the System, we will provide you with a Teachers' Manual, Policy Statements, or other writings setting forth the manner in which you shall teach the Gokhale System and operate the Franchised Business. The Teachers' Manual, Policy Statements, or other writings may be online or in hard-copy form.
- 10.2. Intellectual Property. You recognize and agree that the Gokhale Method is comprised of intellectual property, trade secrets, and proprietary information that we own. You agree that we own that property and you will not dispute our ownership.
- 10.3. Confidentiality. We may designate any information provided to you as "Confidential," and you agree that you will not disclose it, during or after this agreement, except as we may, in writing, permit you to do so. Included in our Confidential Information are the Teachers' Manual; teaching scripts and Policy Statements; the information, know-how and techniques that we have imparted to you; proprietary software; and any other information we have provided to you that is not available to the general public.
- 10.4. Changes and Revisions. We may from time to time revise the contents of the Teachers' Manual, Policy Statements, scripts and any other teaching methods or content, and you expressly agree to comply with each new or changed standard.
- 10.5. Irreparable injury. You acknowledge that any failure to comply with the requirements of this Section 10 will cause us irreparable injury, and you agree to pay all court costs and reasonable attorneys' fees incurred by us in obtaining specific performance of, or an injunction against violation of, the requirements of this Section 10, or such other relief sought by us.
- 10.6. Ideas and Concepts. If you develop any ideas, concepts, methods, techniques or materials of improving posture, reducing back pain, improving physical well-being or that otherwise relate to the Gokhale Method ("Ideas and Concepts") during the Term of this Agreement, you agree to disclose those Ideas and Concepts to us and that we may use them, in our discretion, in improving or modifying the Gokhale Method, offer them to our Affiliates, other Franchisees or business partners without the need to obtain any prior approval from you, nor without any compensation to you.
11. ACCOUNTING AND RECORDS
- 11.1. Sales and Student Records. You shall create, record and maintain such information on sales and students as we designate in the Teachers' Manual (the "Records"). You agree to maintain such Records during the Term of this Agreement and for two years thereafter. We may request you to provide us with copies of Records at our discretion, and you agree to provide us with such Records. You shall comply with all the requirements in the Teachers' Manual relating to registering students and maintaining their records via the prescribed Franchisor system.
- 11.2. Other Reports.
Source: Item 22 — CONTRACTS (FDD page 34)
What This Means (2024 FDD)
According to Gokhale Method's 2024 Franchise Disclosure Document, several measures are in place to protect their trademarks (the "Marks"). Gokhale Method retains the right to use the Marks themselves, grant licenses to others, develop similar systems, and modify or discontinue the Marks at their discretion. Franchisees must comply with any changes to the Marks at their own expense. This ensures Gokhale Method maintains control and flexibility over its brand identity.
To protect its reputation and maintain operational standards, Gokhale Method provides franchisees with a Teacher's Manual, Policy Statements, and other guidelines. Franchisees acknowledge that the Gokhale Method comprises intellectual property, trade secrets, and proprietary information owned by Gokhale Method, and they agree not to dispute this ownership. Franchisees must also keep confidential any designated information, including the Teacher's Manual and teaching scripts.
Upon termination of the franchise agreement, franchisees must cease using Gokhale Method's intellectual property, including the Marks, and de-identify their business location to remove any association with the Gokhale Method brand. Franchisees must also cancel any assumed name registrations containing "Gokhale" or other Marks. Furthermore, franchisees are prohibited from using any similar marks that could cause confusion or dilute Gokhale Method's rights, even if they operate another business after the franchise agreement ends. These measures prevent unauthorized use of the Marks and protect Gokhale Method's brand identity and goodwill.