Does Big Blue Swim School have any patents material to the franchise?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
No patents or patent applications are material to the franchise. We and our affiliates claim copyrights in the Operations Manual (containing our and our affiliates' trade secrets and Confidential Information), School blueprints and other design features, signage, graphics and design elements used in Marketing Materials, Marketing Materials, software, our System Website, LESSONBuddy, and similar items used in operating BIG BLUE Swim Schools. We and our affiliates have not registered these copyrights with the United States Copyright Office but currently need not do so to protect them. You may use copyrighted items only as we specify while operating your School (and must stop using them at our direction). You have no other rights under the Franchise Agreement with respect to a copyrighted item if we require you to modify or discontinue using the subject matter covered by the copyright. Our right to use many of the copyrighted materials described above and much of the Confidential Information described below arises from the same License Agreement described in Item 13.
There currently are no effective adverse material determinations of the USPTO, the United States Copyright Office, or any court regarding the copyrighted materials. Except for our agreement with Big Blue IP, no agreement limits our right to use or allow others to use copyrighted materials.
We do not actually know of any infringing uses of our or Big Blue IP's copyrights that could materially affect your using them in any state. We and Big Blue IP need not protect or defend copyrights, although we intend to do so if in the system's best interests. We and Big Blue IP have the right to control any action we choose to bring, even if you voluntarily bring the matter to our attention. You must follow any instructions we give you. We and Big Blue IP need not participate in your defense of and/or indemnify you for damages or expenses incurred in a copyright proceeding. However, we will defend you against any claim that our LESSONBuddy software infringes a patent or copyright in the United States.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 58–59)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, no patents or patent applications are material to the franchise. However, Big Blue Swim School and its affiliates claim copyrights to various operational and marketing materials, including the Operations Manual, school blueprints, design features, signage, graphics, marketing materials, software, the System Website, and LESSONBuddy.
Big Blue Swim School has not registered these copyrights with the United States Copyright Office, but they don't believe registration is currently necessary for protection. Franchisees are permitted to use these copyrighted items only as specified by Big Blue Swim School while operating their swim school. This usage can be modified or discontinued at Big Blue Swim School's direction, and franchisees have no other rights to the copyrighted items beyond what is outlined in the Franchise Agreement.
The Franchise Disclosure Document states that there are no known adverse material determinations from the USPTO or the United States Copyright Office regarding these copyrighted materials. Big Blue Swim School's right to use these materials stems from a License Agreement. While Big Blue Swim School does not know of any infringing uses of their copyrights that could materially affect a franchisee's use, they intend to protect and defend their copyrights if it is in the best interest of the system. Franchisees must follow Big Blue Swim School's instructions regarding any potential copyright issues, and while Big Blue Swim School will defend franchisees against claims that their LESSONBuddy software infringes a patent or copyright, they are not obligated to participate in the defense or indemnify franchisees in other copyright proceedings.