Does Bw Premier Collection have any patents or pending patent applications material to the Hotel?
Bw_Premier_Collection Franchise · 2025 FDDAnswer from 2025 FDD Document
No patents or pending patent applications are material to the Hotel. We claim copyrights in the Distribution Agreement, brand identity standards (which contain our trade secrets), advertising and marketing materials, and similar items used in operating System Hotels. We have not registered these copyrights with the United States Copyright Office; but, we need not do so at this time to protect them. You may use these items only as we specify while operating the Hotel (and must stop using them if we so direct you).
There currently are no effective adverse determinations of the USPTO, the United States Copyright Office, or any court regarding the copyrighted materials. No agreement limits our right to use or allow others to use the copyrighted materials. We do not actually know of any infringing uses of our copyrights that could materially affect your use of the copyrighted materials in any state.
We need not protect or defend copyrights, although we intend to do so if in the best interests of all or some of our Hotel Owners, as we solely determine. We may control any action we choose to bring, even if you voluntarily bring the matter to our attention. We need not participate in your defense and/or indemnify you for damages or expenses in a proceeding involving a copyright.
The Distribution Agreement and other materials contain our confidential information (some of which constitutes trade secrets under applicable law).
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 39–40)
What This Means (2025 FDD)
According to Bw Premier Collection's 2025 Franchise Disclosure Document, there are no patents or pending patent applications that are material to the hotel. However, Bw Premier Collection does claim copyrights in the Distribution Agreement, brand identity standards (containing trade secrets), advertising and marketing materials, and similar items used in operating System Hotels.
Bw Premier Collection has not registered these copyrights with the United States Copyright Office, but they state that registration is not currently necessary for protection. Franchisees are permitted to use these copyrighted items only as specified by Bw Premier Collection while operating the hotel and must discontinue use if directed to do so.
The document indicates that there are no known adverse determinations from the USPTO or any court regarding these copyrighted materials, and no agreements limit Bw Premier Collection's right to use or allow others to use them. Bw Premier Collection also states they are not aware of any infringing uses of their copyrights that could materially affect a franchisee's use of the copyrighted materials.
While Bw Premier Collection is not obligated to protect or defend these copyrights, they intend to do so if it is in the best interest of some or all Hotel Owners, as determined solely by them. Bw Premier Collection retains control over any legal action and is not required to participate in a franchisee's defense or indemnify them in proceedings involving a copyright.