Does Punch King Fitness own any patents material to the franchise?
Punch_King_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
Punching Bag LLC, our affiliate, is the owner of Provisional patents with numbers 16/804,916 and 63/268,614 Punching Stand, filed with the United States Patent and Trademark Office. In addition, Punching Bag LLC, our affiliate, is the owner of patent with an ID of WIPO91947 titled Punching Bag registered on February 20, 2020.
There are no other patents or pending patent applications or registrations material to the franchise. We do not own any patents material to the franchise. We do not own any copyright registration material to the franchise. We do have unregistered copyrights in the Punch King Fitness Operating Manual, and all printed, audiovisual, and other materials developed and distributed for use by our franchisees or us (collectively called the "Proprietary Information"). Information not protected by copyright but confidential to us, such as information about our methods, policies, and marketing programs, is also part of the Proprietary Information.
The Operating Manual, operating methods, business procedures, and all client information, including names, addresses, and financial information, are confidential and proprietary. The Proprietary Information is our trade secret. You may not use this information in any other business or in any other way not authorized by us in writing.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 39–41)
What This Means (2024 FDD)
According to Punch King Fitness's 2024 Franchise Disclosure Document, Punch King Fitness does not own any patents material to the franchise. However, Punching Bag LLC, an affiliate of Punch King Fitness, owns provisional patents with numbers 16/804,916 and 63/268,614 for a "Punching Stand," filed with the United States Patent and Trademark Office. Punching Bag LLC also owns a patent with an ID of WIPO91947 titled "Punching Bag," registered on February 20, 2020.
While Punch King Fitness does not have patents, it does claim unregistered copyrights for its Operating Manual and all printed, audiovisual, and other materials developed for franchisees, which are collectively referred to as "Proprietary Information." This Proprietary Information, including operating methods, business procedures, and client information, is considered a trade secret. Franchisees are prohibited from using this information in any business or manner not authorized by Punch King Fitness in writing.
Prospective franchisees should understand that they will not acquire any interest in the Proprietary Information and must return it upon termination of the Franchise Agreement. They must also maintain the confidentiality of this information during and after the term of the agreement and implement procedures to prevent unauthorized use or disclosure. Shareholders, officers, directors, partners, and members of the franchise are presumed to have access to Proprietary Information and must sign a Nondisclosure and Noncompetition Agreement.
Franchisees are required to notify Punch King Fitness of any infringement of its copyright-protected materials or any litigation involving these materials. Punch King Fitness retains control over any litigation or proceeding and is not required to defend these materials or indemnify franchisees for expenses or damages if they are party to a proceeding that is resolved unfavorably. Punch King Fitness also retains the right to modify or discontinue the use of its copyright-protected materials, and franchisees are not entitled to reimbursement or compensation for any such changes.