Is a Bumble Roofing franchisee allowed to represent that they have any rights to the Marks or Copyrighted Materials?
Bumble_Roofing Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee further acknowledges that the Marks designate the origin or sponsorship of the System, the Business, and the Products and Services, and that Franchisor desires to protect the goodwill of the Marks and to preserve and enhance the value of the Marks.
In the event that Franchisee acquires any rights, title or interest in the Marks, Franchisee agrees to assign and hereby assigns all such rights, title or interest to Franchisor or Lynx IP, as requested by Franchisor.
- (b) All right, title and interest in and to all materials, including but not limited to, all artwork and designs, created by Franchisor, and used with the Marks or in association with the Business ("Copyrighted Materials") are the property of Franchisor or its Affiliate.
Additionally, all Copyrighted Materials created by Franchisee or any other person or entity retained or employed by Franchisee are works made for hire within the meaning of the United States Copyright Act and are the property of Franchisor or its Affiliate, who shall be entitled to use and license others to use the Copyrighted Materials unencumbered by moral rights.
To the extent the Copyrighted Materials are not works made for hire or rights in the Copyrighted Materials do not automatically accrue to Franchisor or its Affiliate, Franchisee irrevocably assigns and agrees to assign to Franchisor and/or its Affiliates (as Franchisor directs), and their respective successors and assigns, the entire right, title, and interest in perpetuity throughout the world in and to any and all rights, including all copyrights and related rights, in such Copyrighted Materials, which Franchisee and the author of such Copyrighted Materials warrant and represent as being created by and wholly original with the author.
Where applicable, Franchisee agrees to obtain any other assignments of rights in the Copyrighted Materials from another person or entity necessary to ensure Franchisor's right in the Copyrighted Materials as required in this Section 10.1(b).
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to the 2025 Bumble Roofing Franchise Disclosure Document, franchisees acknowledge that the Marks designate the origin or sponsorship of the System, the Business, and the Products and Services. Bumble Roofing desires to protect the goodwill of the Marks and to preserve and enhance their value. If a franchisee acquires any rights, title, or interest in the Marks, they agree to assign all such rights to Bumble Roofing or Lynx IP. This means a franchisee cannot claim ownership or rights to the Bumble Roofing trademarks.
All artwork and designs created by Bumble Roofing and used with the Marks or in association with the Business ("Copyrighted Materials") are the property of Bumble Roofing or its Affiliate. Copyrighted Materials created by the franchisee are considered works made for hire and are also the property of Bumble Roofing or its Affiliate. The franchisee must obtain any necessary assignments of rights in the Copyrighted Materials from another person or entity to ensure Bumble Roofing's rights.
In practical terms, this means that a Bumble Roofing franchisee cannot represent that they have any ownership or rights to the Bumble Roofing Marks or Copyrighted Materials. All rights to these assets belong to the franchisor, Bumble Roofing, or its affiliate, Lynx IP. This is a standard practice in franchising, as it protects the brand's intellectual property and ensures consistent brand representation across all franchise locations.