Does Big Apple Bagels own any patents material to the franchise?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as noted below, BAB does not own any rights in or to any patents or copyrights which are material to the Franchise. BAB and its affiliates claim copyrights in its BAGELS Operations Manual and related materials used in the operation of the Franchise. Such copyrights have not been registered with the United States Registrar of Copyrights but have been protected under the copyright laws of the United States by virtue of BAB and its affiliates placing the appropriate notice of copyright on such items. You may use the BAGELS Operations Manual and materials during the term of your Franchise Agreement.
There are currently no effective determinations of the United States Copyright Office or any court regarding any of our copyrights, nor are there any currently effective agreements between us and third parties pertaining to our copyrights that will or may significantly limit your use of our copyrighted materials. Furthermore, there are no infringing uses actually known to BAB which could materially affect your use of the copyrighted materials in any state where the Franchise is to be located. BAB is not obligated under any agreement to protect or defend its copyrights.
To preserve and enhance the reputation and goodwill associated with BAB's Marks, and to maintain uniform standards of operation for franchisees, you must operate the Franchise in full compliance with the BAGELS Operations Manual as amended from time to time. You also understand that the Manual and other training and operational aids contain certain proprietary and confidential information and remain the property of BAB and its affiliates. There will be no duplication or any disclosure of the proprietary and confidential information, except to your employees on a need-to-know basis, and you must take all reasonable precautions prescribed from time to time by BAB to prevent unauthorized use or disclosure of proprietary information of BAB and its affiliates. You must keep copies of the Manual current by inserting the updates furnished by BAB on an ongoing basis, and, in the event of any dispute as to the BAGELS Operations Manual's contents, BAB's master copy shall control.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD page 65)
What This Means (2025 FDD)
According to Big Apple Bagels's 2025 Franchise Disclosure Document, Big Apple Bagels does not own any patents that are material to the franchise, with some exceptions. However, Big Apple Bagels and its affiliates claim copyrights in its BAGELS Operations Manual and related materials used in the operation of the Franchise. These copyrights have not been registered with the United States Registrar of Copyrights but are protected under U.S. copyright laws because Big Apple Bagels places the appropriate copyright notice on such items. Franchisees are allowed to use the BAGELS Operations Manual and related materials during the term of their Franchise Agreement.
Currently, there are no effective determinations from the United States Copyright Office or any court regarding Big Apple Bagels's copyrights. Additionally, there are no existing agreements between Big Apple Bagels and third parties that would significantly limit a franchisee's use of the copyrighted materials. Big Apple Bagels is not aware of any infringing uses that could materially affect a franchisee's use of the copyrighted materials in any state where the franchise is located. However, Big Apple Bagels is not obligated under any agreement to protect or defend its copyrights.
To maintain the reputation and standards of the Big Apple Bagels brand, franchisees must operate their franchise in full compliance with the BAGELS Operations Manual, as updated from time to time. The manual and other training materials contain proprietary and confidential information that remains the property of Big Apple Bagels. Franchisees must prevent unauthorized use or disclosure of this information, except to employees on a need-to-know basis. Franchisees are responsible for keeping their copies of the manual current with updates provided by Big Apple Bagels, and Big Apple Bagels's master copy of the manual will control in the event of any dispute.