What elements are included in the 'Intellectual Property' definition for a Kidokinetics franchise?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
y" means the territory granted to you pursuant to a franchise agreement with us.
- "Intellectual Property" means, collectively or individually, our Marks, Copyrights, Know-how, and System.
- "Know-how" means all of our trade secrets and other proprietary information relating to the development, construction, marketing, and/or operation of a Kidokinetics business, including, but not limited to, methods, techniques, specifications, proprietary practices and procedures, policies, marketing strategies, and information comprising the System and the Manual.
- "Manual" means our confidential operations manual for the operation of a Kidokinetics business, which may be periodically modified by us.
- "Marks" means the logotypes, service marks, and trademarks now or hereafter involved in the operation of a Kidokinetics business, including "KIDOKINETICS," and any other trademarks, service marks, or trade names that we designate for use by a Kidokinetics business. The term "Marks" also includes any distinctive trade dress used to identify a Kidokinetics business, whether now in existence or hereafter created.
- "Prohibited Activities" means any or all of the following: (i) owning, operating, or having any other interest (as an owner, partner, director, officer, employee, manager, consultant, shareholder, creditor, representative, agent, or in any similar capacity) in a Competitive Business (other than owning an interest of five percent (5%) or less in a publicly-traded company that is a Competitive Business); (ii) diverting or attempting to divert any business from us (or one of our affiliates or franchisees);
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics' 2024 Franchise Disclosure Document, the definition of 'Intellectual Property' includes several key elements crucial to the brand's operation and identity. Specifically, 'Intellectual Property' means, collectively or individually, Kidokinetics' Marks, Copyrights, Know-how, and System. These components are the foundation of the Kidokinetics franchise system.
'Marks' encompass the logotypes, service marks, and trademarks associated with the Kidokinetics business, including the name 'KIDOKINETICS' itself, along with any other trademarks, service marks, or trade names designated for use by franchisees. This also extends to any distinctive trade dress that identifies a Kidokinetics business, whether existing now or created in the future. 'Copyrights' include all works and materials for which Kidokinetics or its affiliates have secured copyright protection, allowing franchisees to use, sell, or display these items for marketing and operating their Kidokinetics business.
'Know-how' refers to the trade secrets and proprietary information related to the development, construction, marketing, and operation of a Kidokinetics business. This includes methods, techniques, specifications, proprietary practices and procedures, policies, marketing strategies, and information comprising the System and the Manual. The 'System' is Kidokinetics' method for establishing, developing, operating, and managing a Kidokinetics Business, including Know-how, proprietary programs and products, confidential operations manuals, and operating system.
For a prospective franchisee, understanding these components of Intellectual Property is essential, as they represent the core assets and competitive advantages of the Kidokinetics franchise. Franchisees are granted the right to use this Intellectual Property within the scope of their franchise agreement, but Kidokinetics retains ownership and control over these assets. This ensures brand consistency and protects the unique elements that define the Kidokinetics franchise system.