Does Better Blend have any pending copyright applications for its copyrighted materials?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 14: PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION]
Item 14 PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
Patents
We do not own rights in, or licenses to, patents that are material to the franchise. We do not have any pending patent applications.
Copyrights
All of our original works of authorship fixed in a tangible medium of expression are automatically protected under the U.S. Copyright Act, whether or not we have obtained registrations. This includes our Brand Standards Manual as well as all other sales, training, management and other materials that we have created or will create. You may use these copyrighted materials during the term of the franchise, in a manner consistent with our ownership rights, solely for your franchised business.
We do not have any registered copyrights. There are no pending copyright applications for our copyrighted materials. There are no currently effective determinations of the U.S. Copyright Office (Library of Congress) or any court regarding any copyright.
There are no agreements currently in effect that limit our right to use or license the use of our copyrighted materials.
We have no obligation to protect any of our copyrights or to defend you against claims arising from your use of copyrighted items. The franchise agreement does not require us to take affirmative action when notified of copyright infringement. We control any copyright litigation. We are not required to participate in the defense of a franchisee or indemnify a franchisee for expenses or damages in a proceeding involving a copyright licensed to the franchisee. We may
require you to modify or discontinue using the subject matter covered by any of our copyrights, at your expense.
We do not know of any copyright infringement that could materially affect you.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 31–32)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, Better Blend does not have any pending copyright applications for its copyrighted materials. The FDD states that all of Better Blend's original works are automatically protected under the U.S. Copyright Act, regardless of whether they have obtained registrations. These copyrighted materials include the Brand Standards Manual, sales materials, training materials, management resources, and other materials created or to be created by Better Blend. Franchisees are permitted to use these copyrighted materials during the term of the franchise, consistent with Better Blend's ownership rights, solely for their franchised business.
Better Blend is not obligated to protect any of its copyrights or defend franchisees against claims arising from their use of copyrighted items. The franchise agreement does not require Better Blend to take action upon notification of copyright infringement. Better Blend retains control over any copyright litigation and is not required to participate in the defense of a franchisee or indemnify them for expenses or damages in a copyright-related proceeding.
Better Blend may require franchisees to modify or discontinue using material covered by their copyrights, at the franchisee's expense. Better Blend also states that they are not aware of any copyright infringement that could materially affect franchisees.