Does the definition of 'Marks' in the Kidokinetics System Protection Agreement include trade dress?

According to Kidokinetics's 2024 Franchise Disclosure Document, the definition of "Marks" includes trade dress. The FDD specifies that the term "Marks" encompasses logotypes, service marks, and trademarks involved in the operation of a Kidokinetics business, including the "KIDOKINETICS" mark and any other trademarks, service marks, or trade names designated for use by franchisees.

Specifically, the definition of "Marks" explicitly includes any distinctive trade dress used to identify a Kidokinetics business, whether that trade dress exists now or is created in the future. This means that the overall look and feel of a Kidokinetics location, including elements like color schemes, signage, and layout, are protected under the "Marks" designation.

For a prospective franchisee, this means that Kidokinetics has the right to control and protect not only its registered trademarks and service marks but also the overall visual identity of its businesses. Franchisees must adhere to Kidokinetics's standards for trade dress to maintain a consistent brand image and avoid infringing on the company's intellectual property rights. This also means Kidokinetics can take action against any unauthorized use of its trade dress by third parties.