What do the two patents owned by Esther Gokhale cover in relation to the Gokhale Method franchise?
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, Esther Gokhale owns two patents that are relevant to the franchise. These patents cover products that Gokhale Method franchisees may use in their classes and sell to students or the public.
The first patent, titled "Ergonomic systems and devices," is a mechanical patent (number 7,540,564) issued on June 2, 2009, for a term of 17 years. This patent protects a system or device designed to provide traction or support to parts of a user's body, aiding in stretching or decompressing the spine. The patent's utility extends to various applications, including chairs, beds, cushions, and other furniture items.
The second patent is a design patent (number D604,084) called "Cushion Device," issued on November 17, 2009, also for 17 years. This patent specifically covers the ornamental design of a cushion device. While franchisees can resell products protected by these patents, they do not acquire any rights to the underlying intellectual property itself. The Gokhale Method does not include any provisions in the Franchise Agreement that require them to protect the patents, or defend, indemnify or hold harmless the franchisee if a third party sues them for infringement for using their patented products.