Are there any known legal proceedings that could materially affect a Kidokinetics franchisee's use of the trademarks?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
We do not have a federal registration for the trademark listed above (serial number 98,338,513). Therefore, this trademark does not have as many legal benefits and rights as a federally registered trademark. If our right to use this trademark is challenged, you may have to change to an alternative trademark, which may increase your expenses.
There are no effective adverse material determinations of the USPTO, the Trademark Trial and Appeal Board or the trademark administrator of any state, or any court, and no pending infringement, opposition or cancellation proceedings or material litigation involving the Marks. All required affidavits and renewals have been filed.
No agreement significantly limits our right to use or license the Marks in any manner material to the Kidokinetics Franchise. We do not know of any superior prior rights or infringing uses that could materially affect your use of the trademarks. You must follow our rules when using the Marks. You cannot use our name or Mark as part of a corporate name or with modifying words, designs or symbols unless you receive our prior written consent. You must indicate to the public in any contract, advertisement and with a conspicuous sign in your Kidokinetics Business that you are an independently owned and operated licensed franchisee of Kidokinetics. You may not use the Marks in the sale of unauthorized products or services or in any manner we do not authorize. You may not use the Marks in any advertising for the transfer, sale or other disposition of the Kidokinetics Franchise, or any interest in the Kidokinetics Franchise. All rights and goodwill from the use of the Marks accrue to us.
We will defend you against any claim brought against you by a third party that your use of the Marks, in accordance with the Franchise Agreement, infringes upon that party's intellectual property rights. We may require your assistance, but we will exclusively control any proceeding or litigation relating to our Marks. We have no obligation to pursue any infringing users of our Marks. If we learn of an infringing user, we will take the action appropriate, but we are not required to take any action if we do not feel it is warranted. You must notify us within three business days if you learn that any party is using the Marks or a trademark that is confusingly similar to the Marks. We have the sole discretion to take such action as we deem appropriate to exclusively control any litigation or administrative proceeding involving a trademark licensed by us to you.
If it becomes advisable at any time, in our sole discretion, for us and/or you to modify or discontinue using any Mark and/or use one or more additional or substitute trademarks or service marks, you must comply with our directions within 30 days after receiving notice. We will not reimburse you for
Source: Item 13 — TRADEMARKS (FDD pages 36–38)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, there are no effective adverse material determinations of the USPTO, the Trademark Trial and Appeal Board or the trademark administrator of any state, or any court, and no pending infringement, opposition or cancellation proceedings or material litigation involving the Marks. Additionally, there are no agreements that significantly limit Kidokinetics's right to use or license the Marks in any manner material to the Kidokinetics Franchise. Kidokinetics does not know of any superior prior rights or infringing uses that could materially affect a franchisee's use of the trademarks.
Kidokinetics does not have a federal registration for the trademark listed above (serial number 98,338,513). Therefore, this trademark does not have as many legal benefits and rights as a federally registered trademark. If Kidokinetics's right to use this trademark is challenged, the franchisee may have to change to an alternative trademark, which may increase their expenses.
Kidokinetics will defend a franchisee against any claim brought against them by a third party that their use of the Marks, in accordance with the Franchise Agreement, infringes upon that party's intellectual property rights. Kidokinetics may require the franchisee's assistance, but Kidokinetics will exclusively control any proceeding or litigation relating to their Marks. If it becomes advisable at any time, in Kidokinetics's sole discretion, for them and/or the franchisee to modify or discontinue using any Mark and/or use one or more additional or substitute trademarks or service marks, the franchisee must comply with Kidokinetics's directions within 30 days after receiving notice. Kidokinetics will not reimburse the franchisee for their direct expenses of changing signage, for any loss of revenue or other indirect expenses due to any modified or discontinued Mark, or for their expenses of promoting a modified or substituted trademark or service mark.