What are the obligations of a Bonchon franchisee regarding the protection of Bonchon's copyrights, as described in Item 13?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
Your and our obligations to protect your rights to use our copyrights are the same as the obligations for Proprietary Marks described in Item 13 of this Disclosure Document.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 68–69)
What This Means (2025 FDD)
According to the 2025 Bonchon FDD, the obligations of a Bonchon franchisee to protect the rights to use Bonchon's copyrights are the same as the obligations for Proprietary Marks, as described in Item 13 of the Disclosure Document. Item 14 states that Bonchon claims copyrights on certain software, forms, advertisements, promotional materials, the Bonchon Confidential Operations Manual, and the Recipe Manual. Bonchon has not registered any copyrights with the United States Copyright Office.
Item 23 details some of these obligations. Bonchon franchisees must comply with the instructions in Bonchon's manuals for filing and maintaining all required trade name or fictitious name registrations. Franchisees must also execute any documents deemed necessary by Bonchon or its counsel to protect the Proprietary Marks or maintain their validity and enforceability. Franchisees must affix Bonchon's Proprietary Marks on the facilities of their franchised business, including the restaurant, point-of-sale materials, signs, stationery, advertising, sales, marketing, and promotional materials. These marks must be displayed in the size, color, lettering style, and fashion designated in Bonchon's manuals.
Furthermore, franchisees must display the Proprietary Marks and relevant trademark and copyright notices as required in the manuals. Franchisees are prohibited from using any trademarks, logotypes, names, symbols, or service marks other than Bonchon's Proprietary Marks in connection with their franchised business, unless expressly provided in the manuals or approved in writing by Bonchon. Franchisees must conduct their franchised Bonchon business under the assumed business name "Bonchon" and are responsible for all filings and government approvals or registrations required to do business under that name. Franchisees must also furnish copies of all such filings, approvals, and registrations to Bonchon.
Bonchon franchisees must conspicuously identify themselves as independently owned and operated franchisees in all dealings with customers, contractors, suppliers, public officials, and members of the public, as well as in all advertising, promotion, and marketing related to their business. This notice of independent ownership must be placed in the restaurant and any other facilities of the franchised business, printed materials, business cards, stationery, marketing and advertising materials, signs, and other written or electronic modes as specified by Bonchon in its manuals or otherwise.