For Brueggers Bagels, what is the permitted use of the copyrighted 'Works' such as manuals and promotional materials?

According to Brueggers Bagels's 2025 Franchise Disclosure Document, the use of copyrighted materials, referred to as "Works," is specifically for developing and operating a Brueggers Bagels bakery. These 'Works' include manuals, training materials, advertisements, promotional materials, labels, menus, posters, coupons, gift certificates, signs, websites, store designs, and prototype plans. Brueggers Bagels or its affiliates claim copyright protection for these materials, although the copyrights are not registered.

As a franchisee, you are authorized to use these 'Works,' but only under the conditions outlined in the franchise agreement. This means you can only use the designated proprietary marks in the manner authorized by Brueggers Bagels. The use of these materials is restricted to the operation and advertising of the bakery at its designated premises. Franchisees must operate and advertise the bakery solely under the names "Bruegger's" and "Bruegger's Bagels," using the proprietary marks without any modifications, prefixes, or suffixes, and not as part of your corporate or legal name.

All advertising and promotional materials, packaging, signs, decorations, websites, and other specified items must display the proprietary marks in the prescribed form, color, size, and location. Franchisees must also identify themselves as licensees of the proprietary marks, not as the owners, in all uses of the marks, including on invoices, order forms, receipts, business stationery, websites, and signage at the premises. Unauthorized use of the proprietary marks and 'Works' constitutes an infringement of Brueggers Bagels's rights. Upon termination or expiration of the franchise agreement, the franchisee must cease all use of the 'Works' and other proprietary materials.

If a franchisee creates any adaptation, translation, or derivative work from the 'Works', such as advertisements or menus, these materials become the property of Brueggers Bagels. The franchisee must obtain approval from Brueggers Bagels before using any such adaptations. This ensures that all materials associated with the Brueggers Bagels brand maintain a consistent and approved image. This also means that the franchisee cannot use any reproduction, counterfeit, copy, or colorable imitation of the Proprietary Marks or the Works in connection with any other business which, in Brueggers Bagels's sole discretion, is likely to cause confusion, mistake, or deception or to dilute their and their affiliates' rights in and to the Proprietary Marks and the Works.