Has Bw Premier Collection registered its copyrights with the United States Copyright Office?
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 the 2025 Bw Premier Collection FDD, Bw Premier Collection has not registered its copyrights with the United States Copyright Office. However, Bw Premier Collection claims copyrights in its Distribution Agreement, brand identity standards, advertising and marketing materials, and similar items used in operating System Hotels. Bw Premier Collection states that it does not need to register these copyrights at this time to protect them.
As a Bw Premier Collection franchisee, you are permitted to use these copyrighted items only as specified by Bw Premier Collection while operating the Hotel, and you must stop using them if directed to do so. There are currently no effective adverse determinations from the USPTO or the United States Copyright Office regarding these copyrighted materials, and no agreement limits Bw Premier Collection's right to use or allow others to use them. Bw Premier Collection does not know of any infringing uses of its copyrights that could materially affect your use of the copyrighted materials in any state.
Bw Premier Collection does not have an obligation to protect or defend these copyrights, although it intends to do so if it is in the best interests of all or some of its Hotel Owners, as determined solely by Bw Premier Collection. Bw Premier Collection retains control over any legal action it chooses to bring, even if you bring the matter to its attention. Furthermore, Bw Premier Collection is not required to participate in your defense or indemnify you for damages or expenses in a proceeding involving a copyright. The Distribution Agreement and other materials contain confidential information, some of which constitutes trade secrets under applicable law.