Does Bombs Away know of any copyright infringement that could materially affect franchisees?

According to the 2024 Bombs Away FDD, Bombs Away states that it does not know of any copyright infringement that could materially affect franchisees. However, Bombs Away does not have any registered copyrights, and there are no pending copyright applications for their copyrighted materials. Bombs Away also states that there are no currently effective determinations of the U.S. Copyright Office (Library of Congress) or any court regarding any copyright.

Bombs Away's original works are automatically protected under the U.S. Copyright Act, including the Brand Standards Manual and all other sales, training, management, and other materials that they have created or will create. Franchisees are allowed to use these copyrighted materials during the term of the franchise, consistent with Bombs Away's ownership rights, solely for their franchised business.

Bombs Away retains control over any copyright litigation and is not required to participate in the defense of a franchisee or indemnify a franchisee for expenses or damages in a proceeding involving a copyright licensed to the franchisee. Bombs Away may require franchisees to modify or discontinue using the subject matter covered by any of their copyrights, at the franchisee's expense. While Bombs Away will defend a franchisee against claims of infringement if the Marks are used in accordance with the agreement, the franchisee may still bear the expense of modifying or discontinuing the use of copyrighted material.