What rights does a Beverly Anns Cookie franchisee have regarding the use of the Copyrighted Works?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
Y INFORMATION**
The information in the Brand Manual is proprietary and is protected by copyright and other laws. The designs contained in the Marks, the layout of our advertising materials, the content and format of our products, and any other writings and recordings in print or electronic form are also protected by copyright and other laws. Although we have not applied for copyright registration for the Brand Manual, our advertising materials, the content and format of our products or any other writings and recordings, we claim common law and federal copyrights in these items. We grant you the right to use this proprietary and copyrighted information ("Copyrighted Works") for your operation of your Beverly Ann's Franchise, but such copyrights remain our sole property.
There are no determinations in effect that significantly limit our rights to use or license others to use the patents in any manner material to the franchise by the USPTO, the Patent Trial And Appeal Board, or the patent administrator of any state or any court, nor any pending interference, opposition or cancellation proceeding or litigation involving the patent.
We will defend you against any claim brought against you by a third party that your use of our patent in accordance with the Franchise Agreement that infringes upon that party's intellectual property rights. We may require your assistance, but you are not permitted to control any proceeding or litigation relating to our patent. We have no obligation to pursue any infringing users of our patent. If we learn of an infringing user, we may take any action appropriate we deem appropriate, but we are not required to take any action if we do not feel it is warranted. You must notify us within three days if you learn that any unauthorized party is using the patent. We have the sole discretion to take such action as we deem appropriate to exclusively control any litigation or administrative proceeding involving the patents. We are not required to participate in your defense nor are we required to indemnify you for expenses or damages in a proceeding involving a patent, patent application, or copyright licensed to you. You must also agree
not to contest our interest in these or our other trade secrets. If we decide to add, modify, or discontinue the use of an item or process covered by a patent or copyright, you must also do so.
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.
Our Brand Manual, passwords, and other materials contain our confidential information (some of which constitutes trade secrets under applicable law). This information includes site selection criteria; training and operations materials; methods, formats, specifications, standards, systems, procedures, sales and marketing techniques, knowledge, and experience used in developing and operating Beverly Ann's Businesses; marketing and advertising programs for Beverly Ann's Businesses; any computer software or similar technology that is proprietary to us or the System; knowledge of, specifications for, and suppliers of operating assets and other products and supplies;
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 47–48)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, franchisees are granted the right to use the franchisor's proprietary and copyrighted information, referred to as "Copyrighted Works," specifically for operating their Beverly Ann's Cookie franchise. This includes the information contained within the Brand Manual, which is protected by copyright and other laws. The designs in the Marks, the layout of advertising materials, the content and format of products, and any other writings and recordings in print or electronic form are also protected. However, it's important to note that these copyrights remain the sole property of Beverly Anns Cookie.
This means that while franchisees can utilize these materials to run their business, they do not own the rights to them. They cannot reproduce, distribute, or modify the copyrighted works beyond what is necessary for the operation of their franchise. This is a standard practice in franchising, where the franchisor maintains control over its brand and intellectual property to ensure consistency across all franchise locations.
Beverly Anns Cookie retains the right to modify or discontinue the use of any item or process covered by copyright, and franchisees are obligated to comply with these changes. Franchisees must also promptly disclose any ideas, concepts, techniques, or materials concerning a Beverly Ann's Business, and these will be deemed the sole and exclusive property of Beverly Anns Cookie. Franchisees are also responsible for taking reasonable steps to prevent the improper disclosure of confidential information and must use non-disclosure and non-competition agreements with those having access to such information.
While Beverly Anns Cookie claims common law and federal copyrights in its Brand Manual, advertising materials, product content and format, and other writings and recordings, it has not applied for copyright registration for these items. However, the franchisor states that it need not do so at this time to protect them. The franchisor also states that there are no determinations in effect that significantly limit its rights to use or license others to use the patents in any manner material to the franchise by the USPTO, the Patent Trial And Appeal Board, or the patent administrator of any state or any court, nor any pending interference, opposition or cancellation proceeding or litigation involving the patent.