What are the specific obligations of a Punch King Fitness franchisee regarding the use of trademarks, considering the information provided in Item 13 and the restrictions outlined in Item 8?
Punch_King_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
e you for any modification or discontinuation of the Marks.
If any party demonstrates to us a superior right to use any of the Punch King Fitness Marks, you shall, upon demand by us, discontinue the use of such Punch King Fitness Mark(s) and adopt, at your sole cost and expense, any Mark(s), if any, selected by us to replace such discontinued Mark(s).
You shall not use any of the Punch King Fitness Marks or any derivative or a colorable variation thereof: (i) as part of your corporate or other legal names; (ii) on or as part of any Web Site, domain name, URL, web page, electronic mail address, listing, banner, advertisement or any other service or link on, to or with the internet, World Wide Web, internet service providers, electronic mail services, communication providers, search engines, or other similar services (without our prior written consent); (iii) with any prefix, suffix (including, but not limited to, the word "Inc."), or other modifying words, terms, designs, or symbols; or (iv) in any modified form. Franchisee shall not register any of the Marks, or any derivative or a colorable variation thereof, as a service mark, trademark, or internet domain name, or hold out or otherwise employ the Marks to perform any activity or to incur any obligation or indebtedness in such a manner as could reasonably result in making Franchisor liable therefore or that may harm, tarnish, or impair Franchisor reputation, name, services, or Marks. The provisions of this paragraph shall survive the expiration, termination, or cancellation of this Agreement.
PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
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.
There are no material determinations of the United States Patent and Trademark Office, the United States Copyright Office, or a court regarding our copyright materials.
You must promptly notify us of any infringement of the Punch King Fitness copyright-protected materials, Operating Manual, advertising materials, and other proprietary documents by any person or legal entity or any litigation instituted by any person or legal entity against you or us involving the Punch King Fitness copyright-protected materials, Operating Manual, advertising materials, or other proprietary documents. We will control any litigation or proceeding. We are not required to defend the Punch King Fitness copyright-protected materials, Operating Manual, advertising materials, or other proprietary documents.
What This Means (2024 FDD)
According to Punch King Fitness's 2024 Franchise Disclosure Document, franchisees have specific obligations regarding the use of Punch King Fitness trademarks. If another party demonstrates a superior right to use the Punch King Fitness marks, the franchisee must discontinue using those marks upon demand from Punch King Fitness and adopt any replacement marks selected by Punch King Fitness at the franchisee's sole cost. Franchisees cannot use the Punch King Fitness marks as part of their legal name or on websites, domain names, URLs, email addresses, or any internet-related service without prior written consent from Punch King Fitness.
Furthermore, franchisees are prohibited from using the Punch King Fitness marks with any prefixes, suffixes, modifying words, terms, designs, or symbols, or in any modified form. They cannot register any of the marks or variations as a service mark, trademark, or internet domain name. Franchisees must not use the marks in a way that could make Punch King Fitness liable or harm its reputation. These restrictions remain in effect even after the franchise agreement expires or is terminated.
The franchisee's use of the Punch King Fitness marks is limited to the operation of their Punch King Fitness franchised business as described in the Franchise Agreement and the Punch King Fitness Operating Manual. Franchisees must promptly inform Punch King Fitness of any unauthorized use of the marks or any litigation involving the marks. Punch King Fitness retains control over any litigation or proceeding related to the marks and is not required to defend them. However, if Punch King Fitness chooses to defend, prosecute, or settle any litigation, the franchisee must assist as necessary. Punch King Fitness can modify or discontinue the marks at its discretion and is not obligated to compensate franchisees for any related expenses or damages.
In terms of advertising, franchisees must use, display, and publish the Punch King Fitness marks according to system specifications. All advertising must be dignified, accurate, and truthful, complying with all applicable laws and regulations. Franchisees must submit all advertising and promotional materials to Punch King Fitness for prior approval and cannot use them without written consent. Punch King Fitness will notify franchisees of approval or disapproval within fifteen days of submission. These trademark usage rules are typical in franchising, as franchisors need to protect their brand identity and ensure consistent representation across all franchise locations.