What must a Kidokinetics franchisee do to assist in defending litigation related to intellectual property?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee shall provide Franchisor or Licensor with all assignments, affidavits, documents, information and assistance Franchisor or Licensor reasonably requests to fully vest in Franchisor or Licensor all such rights, title and interest in and to the Intellectual Property, including all such items as are reasonably requested by Franchisor or Licensor to register, maintain and enforce such rights in the Intellectual Property.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, a franchisee must provide Kidokinetics or its licensor with any assignments, affidavits, documents, information, and assistance that they reasonably request. This support is required to fully vest all rights, title, and interest in the intellectual property to Kidokinetics or its licensor. This includes providing items reasonably requested to register, maintain, and enforce the rights to the intellectual property.
This means that if Kidokinetics faces a legal challenge regarding its trademarks, copyrights, or other intellectual property, franchisees are legally obligated to help defend it. This assistance could take many forms, such as providing records, signing legal documents, or sharing information about how the franchisee uses the Kidokinetics system.
The franchisee's cooperation is essential for Kidokinetics to protect its brand and system. Failure to provide the requested assistance could potentially lead to legal issues for the franchisee and may be considered a breach of the franchise agreement. Prospective franchisees should understand this obligation and be prepared to comply with any requests from Kidokinetics related to intellectual property protection.