Does Bor Restoration own any patents or copyright registrations that are material to the franchise?
Bor_Restoration Franchise · 2024 FDDAnswer from 2024 FDD Document
We do not own any patents or copyright registrations that are material to the franchise.
We claim common law copyrights and copyright protection in and on all of the components of the System, including, but not limited to, the Franchisee Manuals and related materials, training modules, and techniques, all advertisements in any medium, including the internet, and other promotional and written materials that fall within copyright protection under common law or by registration. Along with the Marks, every component of the System is our proprietary, trade secret, and confidential information. You will use any component of the System only as described in the Franchise Agreement. We know of no System
copyright infringement that could materially affect you. There are no agreements that limit your use of the System or any copyrighted materials.
We require that you maintain the confidentiality of each component of the System, our Marks, and our copyrighted materials and that you adopt reasonable procedures to prevent unauthorized disclosure of any such information.
We have the right to control any administrative proceedings or litigation involving our System or the copyrighted materials. If you learn of any claim against you for alleged infringement, unfair competition, or similar claims about the Marks, you must promptly notify us. We will take the action we deem necessary to defend you. We must indemnify you for any action against you by a third party based solely on alleged infringement, unfair competition, or similar claims. We have no obligation to defend or indemnify you if the claim against you is related to your use in violation of the Franchise Agreement.
If you learn of or believe that any other person or entity is using any component of the System or any of our copyrighted materials without our permission, you must immediately notify us in writing. We will take any action that we deem appropriate.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 31–32)
What This Means (2024 FDD)
According to Bor Restoration's 2024 Franchise Disclosure Document, they do not own any patents or copyright registrations that are material to the franchise. However, Bor Restoration does claim common law copyrights and copyright protection in all components of their system. This includes franchisee manuals, training modules, techniques, advertisements, and other promotional materials.
Bor Restoration considers every component of the system, along with the marks, as proprietary, trade secret, and confidential information. Franchisees are required to use these components only as described in the Franchise Agreement and must maintain the confidentiality of the system's components, marks, and copyrighted materials. Franchisees also need to adopt reasonable procedures to prevent unauthorized disclosure of this information.
Bor Restoration retains the right to control any administrative proceedings or litigation involving their system or copyrighted materials. If a franchisee faces a claim of infringement or unfair competition related to the marks, they must promptly notify Bor Restoration, who will then take action to defend the franchisee. Bor Restoration will indemnify franchisees against third-party actions based on alleged infringement or unfair competition, unless the claim arises from the franchisee's violation of the Franchise Agreement.
If a franchisee becomes aware of any unauthorized use of Bor Restoration's system components or copyrighted materials, they must immediately notify Bor Restoration in writing, allowing Bor Restoration to take appropriate action. This ensures the protection and integrity of Bor Restoration's intellectual property and system.