Is Bw Premier Collection required to protect or defend its copyrights?
Bw_Premier_Collection Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
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 is not required to protect or defend its copyrights. However, Bw Premier Collection states that it intends to do so if it is in the best interest of all or some of its Hotel Owners, as Bw Premier Collection solely determines. Even if a franchisee brings a copyright matter to Bw Premier Collection's attention, Bw Premier Collection retains control over any action it chooses to take.
Furthermore, Bw Premier Collection is not obligated to participate in a franchisee's defense or indemnify them for damages or expenses if a proceeding involves a copyright. This means that if a franchisee is involved in a legal dispute regarding copyright infringement related to the Bw Premier Collection brand, the franchisee may have to handle the legal issues and associated costs independently.
Bw Premier Collection claims copyrights in several items, including the Distribution Agreement, brand identity standards (containing trade secrets), advertising and marketing materials, and similar items used in operating System Hotels. While these copyrights have not been registered with the United States Copyright Office, Bw Premier Collection believes registration is not currently necessary for protection. Franchisees are permitted to use these copyrighted items only as specified by Bw Premier Collection and must cease usage if directed to do so.