Does Gokhale Method have an unrestricted license to use the Marks and sublicense them to franchisees?

According to Gokhale Method's 2024 Franchise Disclosure Document, Gokhale Method states that it possesses an unrestricted license to use its Marks and to sublicense them to franchisees. The FDD also states that Gokhale Method has no actual knowledge of superior prior rights or infringing uses that could materially affect a franchisee's use of the Marks in the state where their franchise is located.

It is important to note that Gokhale Method also claims common-law rights to the stylized design of a tree as well as to the words "Primal Posture^TM", "Gokhale Pain Free Chair^TM", "Pendo Press^TM", "SpineTracker^TM", and "PostureTracker^TM". Because Gokhale Method does not have federal registrations for these Unregistered Marks, they do not have the legal benefits and rights they would have as a federally registered trademark. If Gokhale Method's right to use these trademarks is challenged, a franchisee may have to change to an alternative trademark, which may increase their expenses.

The Franchise Disclosure Document states that franchisees must adhere to Gokhale Method's operating procedures when using the Marks and cannot use the Marks as part of their corporate name. Gokhale Method retains the right to modify, add to, or discontinue use of the Marks, or to substitute different Marks, for use in identifying the Gokhale System and the businesses operating under the Marks. Franchisees are obligated to promptly comply with any required changes, revisions, and/or substitutions and will bear all costs associated with modifying their signs, advertising materials, interior graphics, and any other items which bear the Marks. Gokhale Method assumes no liability or obligation regarding any required modification or discontinuance of any Mark or the promotion of a substitute trademark, service mark, or trade dress.

Gokhale Method will indemnify franchisees against, and reimburse them for, all damages for which they are held liable in any proceeding arising out of their authorized use of any Marks under the Franchise Agreement. This also applies, with some exceptions outlined in the Franchise Agreement, for all costs reasonably incurred in defending any claim brought against them or any proceeding in which they are named as a party, provided that Gokhale Method is notified of the claim or proceeding in a timely manner and the franchisee is in compliance with the Franchise Agreement and all other agreements entered into with Gokhale Method. Gokhale Method, in its sole business judgment, has the right to prosecute, defend, or settle any proceeding arising out of a franchisee's use of any Mark. If Gokhale Method decides to handle the matter, it has no obligation to indemnify or reimburse the franchisee for any fees or disbursements of counsel they retain.