With whom can a Kidokinetics franchisee communicate regarding intellectual property infringement, besides their own counsel?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee acknowledges that any unauthorized use of the Intellectual Property constitutes an infringement of Franchisor's or Licensor's rights in the Intellectual Property and an event of default hereunder.
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' 2024 Franchise Disclosure Document, a franchisee who suspects intellectual property infringement should contact Kidokinetics Franchise LLC or its licensor. The franchisee is obligated to provide Kidokinetics or its licensor with any assignments, affidavits, documents, information, and assistance reasonably requested to protect the intellectual property.
This requirement ensures that Kidokinetics maintains control over its brand and system. By mandating that franchisees report potential infringements and assist in protecting the intellectual property, Kidokinetics aims to safeguard its trademarks, copyrights, and other proprietary information. This is a common practice in franchising, as the strength of a franchise system relies heavily on the consistent and authorized use of its intellectual property.
For a prospective Kidokinetics franchisee, this means being vigilant about potential misuse of the Kidokinetics brand or system by others. It also means being prepared to cooperate fully with Kidokinetics in any legal efforts to protect its intellectual property. Failure to do so could potentially lead to a breach of the franchise agreement.