Is Beverly Anns Cookie required to protect or defend its copyrights?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
We claim copyrights in the Brand Manual, which contains trade secrets, advertising and marketing materials, the Website, and similar items used in operating a Beverly Ann's Business. We have not registered these copyrights with the United States Registrar of Copyrights, but need not do so at this time to protect them. You may use these items only as we specify while operating your Beverly Ann's Business (and must stop using them if we so direct you).
There are no effective adverse determinations of the USPTO, the Copyright Office (Library of Congress), or any court regarding the copyrighted materials. No agreement limits our right to use or allow others to use the copyrighted materials. We do not actually know of any infringing uses of our copyrights that could materially affect your use of the copyrighted materials in any state. We need not protect or defend copyrights, although we intend to do so if in the System's best interests. We may control any action we choose to bring, even if you voluntarily bring the matter to our attention. We need not participate in your defense and/or indemnify you for damages or expenses in a proceeding involving a copyright.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 47–48)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, Beverly Anns Cookie is not required to protect or defend its copyrights, although it intends to do so if it is in the best interest of the System. Even if a franchisee voluntarily brings an infringement matter to Beverly Ann's Cookie's attention, Beverly Anns Cookie retains control over any action it chooses to take.
Beverly Anns Cookie is not obligated to participate in a franchisee's defense or indemnify them for damages or expenses in any proceeding involving a copyright. The franchisor claims copyrights in the Brand Manual, advertising and marketing materials, and the Website, but has not registered these copyrights with the United States Registrar of Copyrights, and does not need to do so to protect them.
This policy means that a Beverly Anns Cookie franchisee bears the risk that the franchisor may choose not to defend the brand's copyrights, even if infringement significantly impacts the franchisee's business. While Beverly Anns Cookie intends to protect its copyrights if it is in the System's best interests, the decision to take action rests solely with the franchisor. This is not uncommon in franchising, as franchisors typically retain control over intellectual property matters to ensure consistent brand management and legal strategy.
Prospective franchisees should consider the potential implications of this policy. If copyright infringement occurs and Beverly Anns Cookie chooses not to act, the franchisee may suffer financial losses or damage to their business reputation. It would be prudent for a prospective franchisee to discuss with Beverly Anns Cookie under what specific circumstances it would pursue copyright protection and what support, if any, the franchisee could expect in such a situation.