Does Boulder Designs have any patents, registered copyrights, or patents pending that are material to the franchise?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no patents, registered copyrights, or patents pending that are material to the franchise. However, we claim copyright protection in the Manual, our website, and other copyrightable items that are part of the System. While We claim copyrights in these and similar items. You must use these items only as We specify while operating the Franchised Business and you must stop using these items if we direct you to do so. You may not duplicate or disclose any portion of the Manual in an unauthorized manner. Further, all information is proprietary and the Franchise Agreement require you to keep such information confidential.
Our affiliate, Mogavero Investments has granted us a license, dated December 1, 2017, to use and sublicense for the use of its domain name www.boulderdesigns.net. The term of the license is for 99 years; however, the license agreement may be terminated if we take any affirmative act of insolvency, if a receiver or trustee is appointed to take possession of our properties and is not discharged within 90 days, if we wind up, sell, consolidate or merge our business, or if we breach any of our duties and obligations under the license and do not cure the breach within 60 days following written notice of the breach. You will have continued right to the proprietary information even if we are terminated.
We know of no currently effective determinations of the U.S. Copyright Office or any court regarding any of our copyrighted materials. Except as stated above, our right to use or license copyrighted items is not materially limited by any agreement or known infringing use.
We have developed certain Trade Secrets and other Confidential Information, including methods of business management, sales and promotion techniques, and know-how, knowledge of, and experience in, operating a Boulder Designs Business. We will provide our Trade Secrets and other Confidential Information to you during training, in the Manual and as a result of the assistance We furnish you during the term of the franchise. You may only use the Trade Secrets and other Confidential Information for the purpose of operating your Franchised Business. You may only divulge Trade Secrets and other Confidential Information to employees who must have access to it in order to operate the Franchised Business. You are responsible for enforcing the confidentiality provisions as to your employees.
Certain individuals with access to Trade Secrets or other Confidential Information, including the owners, directors and any managers of the business (and members of their immediate families and collaterals), are required to sign nondisclosure and non-competition agreements in a form the same as or similar to the Non-Disclosure and Non-Competition Agreement attached to the Franchise Agreement. We will be a third-party beneficiary with the independent right to enforce the agreements.
We have the sole right to maintain Social Media sites and applications such as: Twitter, Facebook, Pinterest, LinkedIn and other sites and applications that we may establish. We do not allow you to establish or utilize Social Media sites or applications for business purposes. You and your employees do not have the right to utilize any of the Trade Secrets and Confidential Information stated above, or the common law copyrighted materials including the guidelines, curriculums, classes, management and business training, community building mechanisms, vision statements, books, signage, promotional materials, Manual, training materials, Franchise Agreements, and any other documents, materials and items for the general ambiance and decor used in the operation of the System and the Boulder Designs Businesses on any Social Media sites or applications, even if made from a personal Social Media account.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 36–37)
What This Means (2025 FDD)
According to Boulder Designs's 2025 Franchise Disclosure Document, there are no patents, registered copyrights, or patents pending that are material to the franchise. However, Boulder Designs claims copyright protection in its Manual, website, and other copyrightable items that are part of the System. Franchisees are only allowed to use these items as specified by Boulder Designs while operating the Franchised Business and must stop using them if directed to do so. Franchisees may not duplicate or disclose any portion of the Manual in an unauthorized manner, as all information is proprietary and must be kept confidential according to the Franchise Agreement.
Boulder Designs has a license from its affiliate, Mogavero Investments, to use and sublicense the domain name www.boulderdesigns.net, effective from December 1, 2017, for a term of 99 years. This license can be terminated if Boulder Designs takes any affirmative act of insolvency, if a receiver or trustee is appointed to take possession of its properties and is not discharged within 90 days, if Boulder Designs winds up, sells, consolidates, or merges its business, or if Boulder Designs breaches any of its duties and obligations under the license and does not cure the breach within 60 days following written notice of the breach. Franchisees will retain the right to the proprietary information even if the license is terminated.
Boulder Designs also has the sole right to maintain Social Media sites and applications such as: Twitter, Facebook, Pinterest, LinkedIn and other sites and applications that it may establish. Franchisees are not allowed to establish or utilize Social Media sites or applications for business purposes. Franchisees and their employees do not have the right to utilize any of the Trade Secrets and Confidential Information, or the common law copyrighted materials including the guidelines, curriculums, classes, management and business training, community building mechanisms, vision statements, books, signage, promotional materials, Manual, training materials, Franchise Agreements, and any other documents, materials and items for the general ambiance and decor used in the operation of the System and the Boulder Designs Businesses on any Social Media sites or applications, even if made from a personal Social Media account. Any representations from franchisees or their employees regarding profits or earnings made on any Social Media site or application, even if made from a personal Social Media account, is deemed a breach of Confidential Information under the Franchise Agreement, and the franchisee will be responsible for indemnifying and reimbursing Boulder Designs for all legal, penalties, fines, and court costs associated with their unauthorized representations.