What happens if a Kidokinetics franchisee assists others in contesting the validity of the Intellectual Property?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
The Marks are valid and serve to identify the System and those who are authorized to operate under the System and Franchisee shall not contest the validity of, or Franchisor's or Licensor's interest in, the Intellectual Property or assist others to contest the validity of, or Franchisor's or Licensor's interest in, the Intellectual Property.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to the 2024 Kidokinetics Franchise Disclosure Document, a franchisee is prohibited from contesting the validity of Kidokinetics' or its licensor's interest in the intellectual property. Furthermore, the franchisee is not allowed to assist others in contesting the validity of Kidokinetics' or its licensor's interest in the intellectual property.
Kidokinetics emphasizes the importance of protecting its intellectual property, including trademarks and service marks, to maintain the System's high standards of quality, appearance, and service. The franchisee acknowledges that any unauthorized use of the intellectual property constitutes an infringement of Kidokinetics' or its licensor's rights and an event of default under the agreement.
This provision ensures that franchisees do not undermine the brand's intellectual property rights, which are crucial for maintaining uniformity and goodwill across the Kidokinetics system. A prospective franchisee should understand that any action contesting or assisting in contesting the intellectual property's validity could lead to a breach of the franchise agreement.