Who owns the Marks and Intellectual Property provided to the Bumper Man franchisee?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
anchisor to determine the amount or type of insurance coverage necessary for Franchisee. FRANCHISEE RELEASES FRANCHISOR FROM ANY AND ALL CLAIMS RELATING TO THE PROCUREMENT OF INSURANCE INCLUDING CLAIMS THAT FRANCHISOR DID NOT REQUIRE FRANCHISEE TO PROCURE ADEQUATE INSURANCE.
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- PROTECTION OF MARKS AND RELATED INTELLECTUAL PROPERTY.
- (a) Goodwill in Marks and Intellectual Property. Franchisor or its Affiliates are the exclusive owner of Marks and all other
Intellectual Property provided or to be provided to Franchisee. Franchisee's right to use the Marks and any other Intellectual Property is derived solely from this Agreement and limited to its operation of the Bumper Business pursuant to and in compliance with this Agreement. Franchisee's use of Marks and any goodwill associated with such use and any other Intellectual Property will be exclusively for Franchisor's benefit, and this Agreement does not confer any goodwill or other interests in the Marks or other Intellectual Property upon Franchisee.
(b) Limitations on Franchisee's Use of Marks. Franchisee will use the Marks as the sole identification of the Bumper Business, except that Franchisee must identify itself as the independent owner thereof in the manner Franchisor prescribes. Franchisee may not use any Mark as part of any Entity name or with any prefix, suffix, or other modifying words, terms, designs, or symbols (other than logos licensed to Franchisee hereunder), or in any modified form, nor may Franchisee use any Mark in connection with the performance of any unauthorized services or sale of any unauthorized products; as part of any domain name, electronic address, metatag, or otherwise on the Internet or in connection with any website (unless expressly authorized in writing by Franchisor); or in any other manner that Franchisor has not expressly authorized in writing. Franchisee will display the Marks in the manner Franchisor prescribes at the Bumper Business, on supplies or materials Franchisor designates, and in connection with forms and advertising and marketing materials. Franchisee's unauthorized use of Marks will be an Event of Default and an infringement of Franchisor's rights in and to Marks.
(c) Intellectual Property Rights. Franchisor will be the sole owner of all right, title and interest in and to any Intellectual Property created as a result of or related to the operation of the Bumper Business and any improvements, modifications or derivative works of Franchisee's operation of the Bumper Business in compliance with the Standards or other activities under this Agreement. Franchisor does not grant Franchisee any ownership interest or right with respect to any Intellectual Property created as a result of Franchisee's operation of the Bumper Business. A default under or termination of this Agreement will not impact Franchisor's rights in the Intellectual Property.
Franchisee does hereby, on behalf of itself and on behalf of its Principals, Affiliates and its and their respective Personnel, without reservation, irrevocably sell, assign, transfer and convey, and will be deemed to have irrevocably sold, assigned, transferred, and conveyed to Franchisor, its successors, assigns and legal representatives, all right, title and interest (past, present, future, and throughout the world) in and to any rights to any Intellectual Property related to the operation of the Bumper Business; and any and all claims, of any nature whatsoever, for past, present or future infringement or violation of such Intellectual Property rights.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, Bumper Man retains ownership of all Marks and Intellectual Property. The franchisee's right to use these assets is solely derived from the Franchise Agreement and is limited to operating the Bumper Business in compliance with the agreement. The franchisee's use of the Marks and any associated goodwill, along with any other Intellectual Property, will exclusively benefit Bumper Man. The agreement does not grant the franchisee any goodwill or other interests in the Marks or Intellectual Property.
Bumper Man is the sole owner of all rights, titles, and interests in any Intellectual Property created as a result of or related to the operation of the Bumper Business. This includes any improvements, modifications, or derivative works resulting from the franchisee's operation in compliance with the Standards or other activities under the agreement. The franchisee does not receive any ownership interest or rights regarding any Intellectual Property created through their operation of the Bumper Business.
Moreover, the franchisee irrevocably assigns to Bumper Man all rights, titles, and interests in any Intellectual Property related to the operation of the Bumper Business, including any claims for past, present, or future infringement of such Intellectual Property rights. This assignment extends to the franchisee's principals, affiliates, and their respective personnel. Even if any rights to work product cannot be assigned to Bumper Man, the franchisee unconditionally waives the enforcement of such rights or grants Bumper Man a fully paid-up, exclusive, irrevocable, perpetual, worldwide license to use the work product in any manner.
Upon the expiration or termination of the Franchise Agreement, the franchisee must immediately return all copies of Confidential Information and Intellectual Property to Bumper Man. This ensures that Bumper Man maintains complete control and ownership over its Intellectual Property, preventing any unauthorized use or dissemination by the franchisee after the agreement ends. This is a common practice in franchising, as it protects the brand's identity and proprietary information.