What are 'Copyrighted Materials' as defined in the Amorino franchise agreement?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
- C.
The System is identified by means of certain proprietary trademarks, trade names, service marks, logotypes, trade styles, commercial symbols, emblems, and indicia of origin, including the mark "Amorino" and such other trade names, service marks, and trademarks as are now designated and may hereafter be designated by Amorino in writing for use in connection with the System (collectively, the "Proprietary Marks"), together with certain copyrights, advertising and promotional materials and practices, training materials, product packaging, operations manuals, including the Manual, and other works of authorship which are owned by Amorino and fixed in a tangible medium of expression (collectively, the "Copyrighted Materials").
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, the 'Copyrighted Materials' encompass a range of items owned by Amorino and fixed in a tangible medium of expression. These include copyrights, advertising and promotional materials, training materials, product packaging, operations manuals (including the Manual), and other works of authorship.
As a franchisee, you are granted the right to use these Copyrighted Materials solely in connection with operating your Franchised Business. However, this right is limited and does not extend to sublicensing, co-branding, or distributing products through wholesale channels without prior written consent from Amorino. Unauthorized use of these materials may infringe on Amorino's rights.
Amorino retains ownership of all rights, titles, and interests in the Copyrighted Materials, including any associated goodwill. Upon termination or expiration of the franchise agreement, your right to use these materials ceases, and no monetary value is attributed to any goodwill generated from their use. You are required to promptly notify Amorino of any suspected unauthorized use or challenges to the validity of the Copyrighted Materials.
Amorino has the right to manage any disputes or litigation involving the Copyrighted Materials, and you must assist in such actions. The franchise agreement specifies that Amorino may modify the system, including products and services, which implies that the Copyrighted Materials may also be subject to change. Therefore, it is crucial for a prospective franchisee to understand the scope and limitations of using these materials and to stay updated on any modifications made by Amorino.