Is a Burros Fries franchisee allowed to register any of the franchisor's copyrights in their own name?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
ating Manual as well as our policy statements, which underlie the goodwill associated with and symbolized by the Names and Marks.
B. Franchisee is Licensed to Use Names and Marks
With respect to Franchisee's franchised use of Burros & Fries Franchise, Inc.'s Names and Marks pursuant to this Agreement, Franchisee agrees that:
- Franchisee shall use only the Names and Marks as are approved in writing by us for Franchisee's use, and shall use them only in the manner authorized and permitted by us and that in any use whatsoever of the Names and Marks of ours that the Names and Marks are identified as being registered to or owned by Burros & Fries Franchise, Inc., with exclusive rights give to us;
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to Burros Fries's 2024 Franchise Disclosure Document, franchisees are not allowed to register the franchisor's copyrights in their own name. The agreement specifies that franchisees can only use the Burros & Fries names and marks as approved in writing by the franchisor. Furthermore, any use of these names and marks must identify them as registered to or owned by Burros & Fries Franchise, Inc., thereby reinforcing the franchisor's exclusive rights. Franchisees must also use trademark and copyright notices as specified by Burros Fries.
The franchise agreement emphasizes that the franchisee's right to use the names and marks is limited to the usages authorized within the agreement. Any unauthorized use by the franchisee constitutes an infringement of Burros Fries's rights and a material breach of the agreement. This includes printed materials bearing any of the names or marks, which require franchisor approval unless supplied by Burros Fries.
Burros Fries retains ownership of all copyright and intellectual property rights to the Burros & Fries webpage. While franchisees can customize parts of their webpage with the franchisor's approval, the overall look must remain consistent with the Operations Manual. Any changes, edits, or updates to the webpage must be performed by Burros Fries, its affiliates, or approved vendors, with the franchisee bearing the cost of such changes upon written approval. This arrangement ensures that Burros Fries maintains control over its brand and online presence, preventing franchisees from independently registering or claiming ownership of related copyrights.