What are my obligations and Carvel's obligations to protect my rights to use Carvel's copyrights?
Carvel Franchise · 2025 FDDAnswer from 2025 FDD Document
We have no patents and no pending patent applications material to the franchise. We claim copyrights on the Manuals (including any supplements); the Recipes; our building designs, architectural renderings, and construction plans; and certain forms, advertisements, images, art, photography, promotional materials, and other written materials that we produce.
You must comply with the proper use and marking of the copyrighted materials as we indicate in the Manuals.
There are no agreements currently in effect that significantly limit your right to use any of our copyrights. Also, there are no currently-effective determinations of the USPTO, Copyright Office (Library of Congress) or any court involving any of our copyrights discussed above. We are unaware of any infringing uses of or superior prior rights to any of our copyrights that could materially affect your use of them in the state in which your Shoppe will be located.
Your obligations and ours to protect your rights to use our copyrights are the same as the obligations for Proprietary Marks described in Item 13.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 81–82)
What This Means (2025 FDD)
According to Carvel's 2025 Franchise Disclosure Document, Carvel claims copyrights on its manuals, recipes, building designs, architectural renderings, construction plans, forms, advertisements, images, art, photography, promotional materials, and other written materials. As a franchisee, you must adhere to Carvel's guidelines for using and marking these copyrighted materials, as detailed in the manuals.
Carvel states that there are no current agreements that significantly limit your right to use their copyrights. Additionally, there are no current determinations from the USPTO, Copyright Office, or any court that would affect these copyrights. Carvel is also unaware of any infringing uses or superior prior rights that could materially affect your use of their copyrights in the state where your Carvel Shoppe will be located.
Your obligations and Carvel's obligations to protect your rights to use Carvel's copyrights are the same as the obligations for Proprietary Marks described in Item 13 of the FDD. This means that the specific details of these obligations are outlined in that section, which prospective franchisees should review carefully to understand their responsibilities and Carvel's responsibilities in protecting these rights.