What does 'Intellectual Property' mean in the context of a Beverly Anns Cookie franchise agreement?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
17. INTELLECTUAL PROPERTY
Ownership and Use of Intellectual Property
For purposes of this Franchise Agreement, "Intellectual Property" means the Marks, the Patent, our copyrighted materials (and those of our affiliates, including but not limited to those related to Kona Ice franchises and Travelin' Tom's franchises and any other affiliate that offers franchising or products or services to our franchises) including all artworks and designs, "Confidential Information" (defined below), the System and "Improvements" (defined below). You acknowledge that: (i) we, or our affiliates, if applicable, are the sole and exclusive owner of the Intellectual Prop
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, "Intellectual Property" encompasses a range of assets critical to the brand's identity and operational methods. Specifically, it includes the Marks, which refer to the service marks, trademarks, trade names, trade dress, logos, slogans, and commercial symbols that Beverly Anns Cookie authorizes franchisees to use. It also includes the Patent, which is a registered patent used in connection with the operation of Franchised Businesses.
In addition to the Marks and Patents, Intellectual Property also covers Beverly Anns Cookie's copyrighted materials, including artworks and designs, as well as "Confidential Information," the System, and any "Improvements." The System refers to the business formats, methods, procedures, signs, designs, standards, and specifications that franchisees are authorized to use. Improvements refer to any enhancements or modifications made to the System over time.
This definition is important for prospective franchisees because it clarifies what assets are protected under the franchise agreement and how franchisees are permitted to use them. Franchisees must adhere to the guidelines set by Beverly Anns Cookie regarding the use of its Intellectual Property to maintain the brand's uniformity and protect its value. Furthermore, upon termination or transfer of the franchise agreement, franchisees must immediately cease using the Intellectual Property and take steps to de-identify their GR Vehicle (Grandma's Recipe Motor Vehicle) to avoid any trademark infringement.