Is Boulder Designs required to register copyrights with the United States Registrar of Copyrights?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor claims common law rights, copyright protection and trade dress for the Manual, guidelines, photographs, product names, signage, promotional materials, training materials, this Agreement 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. All information is proprietary and this Agreement requires Franchisee to keep such information confidential. Franchisee agrees not to contest, directly or indirectly, Franchisor's ownership, title, right or interest in Franchisor's common law rights, copyrights, trade dress, Trade Secrets, Confidential Information, the System, methods, procedures or any other intellectual property rights that are part of Franchisor's System or contest Franchisor's sole right to register, use or license others to use, except as limited by this Agreement, the common law rights, copyrights, trade dress, Trade Secrets, Confidential Information, System, methods, procedures or any other intellectual property rights that are a part of Franchisor's System.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, Boulder Designs claims copyright protection for various materials. Specifically, Boulder Designs asserts copyright protection for the Manual, guidelines, photographs, product names, signage, promotional materials, training materials, the Franchise Agreement itself, and any other documents, materials, and items related to the general ambiance and decor used in the operation of the Boulder Designs business.
The FDD states that Boulder Designs claims these protections under common law rights, copyright protection, and trade dress. The agreement requires franchisees to keep all such information confidential and prohibits them from contesting Boulder Designs' ownership or right to register, use, or license these intellectual property rights.
However, the FDD excerpt does not explicitly state that Boulder Designs is required to register these copyrights with the United States Registrar of Copyrights. While Boulder Designs claims copyright protection, the document does not specify whether they have formally registered these copyrights or intend to do so. The language indicates that Boulder Designs reserves the right to register these items, but it does not confirm that they are obligated to do so.