Is Clean Your Dirty Face obligated to protect or defend its copyrights?
Clean_Your_Dirty_Face Franchise · 2025 FDDAnswer from 2025 FDD Document
We and/or our affiliates claim copyrights in the Operations Manual (which contains our trade secrets), handbooks, all Franchise System Websites, advertising and marketing materials, all or part of the Marks, and other portions of the Franchise System and other similar materials used in operating CYDF Facial Bars. We have not registered these copyrights with the United States Registrar of Copyrights but need not do so at this time to protect them. You may use these items only as we specify while operating your CYDF Facial Bar (and must stop using them if we so direct you).
There currently are no effective adverse determinations of the United States Copyright Office (Library of Congress) or any court regarding the copyrighted materials. No agreement limits our right to use or allow others to use the Confidential Information (defined below) or copyrighted materials. We know of no infringing uses of our copyrights which could materially affect your using the copyrighted materials in any state. We need not protect or defend our copyrights, although we intend to do so if we determine that it is in the Franchise System's best interests. We may control any action involving the copyrights, even if you voluntarily bring the matter to our attention. We neither need to participate in your defense nor indemnify you for damages or expenses in a proceeding involving a copyright.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 42–43)
What This Means (2025 FDD)
According to Clean Your Dirty Face's 2025 Franchise Disclosure Document, Clean Your Dirty Face does not have an obligation to protect or defend its copyrights. While Clean Your Dirty Face and/or its affiliates claim copyrights in the Operations Manual, handbooks, Franchise System Websites, advertising and marketing materials, all or part of the Marks, and other portions of the Franchise System, they are not registered with the United States Registrar of Copyrights, though Clean Your Dirty Face believes registration is not needed to protect them at this time.
Clean Your Dirty Face states that it need not protect or defend its copyrights, but it intends to do so if it determines that it is in the best interests of the Franchise System. Clean Your Dirty Face retains control over any action involving the copyrights, even if a franchisee brings the matter to their attention.
Furthermore, Clean Your Dirty Face is not required to participate in a franchisee's defense nor indemnify them for damages or expenses in a proceeding involving a copyright. This means that if a franchisee is accused of infringing on a copyright while operating their Clean Your Dirty Face Facial Bar, the franchisee will be responsible for their own defense and any associated costs, and Clean Your Dirty Face has no obligation to assist or protect them.