What must a Kidokinetics franchisee do if there is an apparent infringement of the Kidokinetics intellectual property?
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, if a franchisee becomes aware of any unauthorized use of Kidokinetics' intellectual property, the franchisee must provide Kidokinetics or its licensor with any assignments, affidavits, documents, information, and assistance that Kidokinetics or its licensor reasonably requests. This includes providing items reasonably requested to register, maintain, and enforce rights in the intellectual property.
This requirement ensures that Kidokinetics can protect its brand and system against infringement. The franchisee's cooperation is essential for Kidokinetics to take appropriate legal action against infringers. Failure to comply with this provision could be considered a breach of the franchise agreement.
This is a standard clause in most franchise agreements, as the franchisor needs to actively protect its intellectual property to maintain the value of the brand for all franchisees. By requiring franchisees to report and assist with infringement matters, Kidokinetics can more effectively safeguard its trademarks, service marks, and other proprietary assets.