Which items in the Coffee News Disclosure Document relate to trademarks and proprietary information?
Coffee_News Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 13: Trademarks]
You will have the right to use trademarks during any dispute between us and 2703203, Manitoba, Inc.
In addition, you shall immediately notify us of any apparent infringements of or challenges to the use of the "Coffee News" name or format or your licensed business in the geographic area covered by the agreement. You shall not communicate with any person other than us, 2703203, Manitoba, Inc. and its counsel in connection with any such infringement or challenge. You will agree that 2703203, Manitoba, Inc. shall have sole discretion to take the action it deems appropriate and the right to exclusively control any litigation or other administrative claim or action relating to the infringement, challenge, or claim. Any money, damages, or other benefits arising from the infringement or challenge shall benefit 2703203, Manitoba, Inc. You must execute all instruments and documents, give all assistance and perform those acts to protect and maintain our interests as required by counsel of 2703203, Manitoba, Inc., us and its publishers in any litigation or administrative proceeding.
We do not know of any infringing uses that could materially affect your use of the Coffee News trademarks.
We have filed all required Affidavits and renewals. There are no effective determinations of the Patent and Trademark Office, the Trademark Trial and Appeal Board or any state trademark administrator or court; and any pending infringement, opposition, or cancellation proceeding involving proprietary marks that are material to Coffee News. There are no agreements currently in effect that significantly limit our rights to use or license the use of such proprietary marks that are material to the Coffee News franchise. If a new model were introduced and Publishers were required to modify or discontinue using a trademark that has been licensed to them, We will move the current publishers to the new model at no cost. [Item 14: Patents, Copyrights, and Proprietary Information]
ITEM 14
PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION
We do not own rights in, or licenses to, patents that are materials to the franchise. We have no pending patent applications that are material to the franchise. We do not know of any patent or copyright infringement that could materially affect the franchisee.
Although we have not filed an application for a copyright registration for our training programs or the Coffee News Operations Manual, we claim a copyright and deems the information contained in our manual, training program materials, marketing promotion materials, our License Agreement, and all content that We and our affiliate have developed to be proprietary. Additionally, our affiliate 2703203 Manitoba Inc. claims copyright to the Coffee News format design and the content of the Periodicals.
You must also promptly tell us when you learn about an unauthorized use of our proprietary information. We are not obligated to take any action but will respond to this information as we think appropriate. There is no current material determination of the United States Patent and Trademark Office, the United States Copyright Office, or a court that affects our franchise business. There is no agreement limiting the use of the copyrights. We do not know of any superior rights or patent or copyright infringement that could materially affect your use of the above-mentioned copyrighted materials. There is no agreement that requires us to participate in your defense or indemnify you for damages or expenses in a proceeding involving a copyright or claims relating to your use of the above-mentioned copyrighted materials.
[Item 23: Receipts]
- 6.2 Use of Trade Secrets. Franchisee shall not directly or indirectly furnish to any other party any confidential information as to the "Coffee News" Format, methods of operation, advertising, promotion, ideas or any other information relating to Franchisor's business of "Coffee News" without the written consent of Franchisor. The provisions contained herein shall survive the termination, expiration, transfer, assignment, of this Agreement. Franchisee shall execute a non-disclosure or confidentiality agreement with its employees, officers, key personnel, agents, or stockholders, as the case may be, that such employees, officers, key personnel, agents, or stockholders, as the case may be, shall be bound by the contractual provisions contained in this paragraph, and will be liable for damages, reasonable attorney fees and court cost if the Franchisor has to enforce their contractual rights by legal actions.
- 6.3. Copyrights. All title, including without limitation copyrights, in and to the Periodical, Operations Manual, Coffee News College training materials, marketing promotion materials, our license agreements, and all content that Licensor and/or its affiliate develop, either in hardcopy or digital format, and any copies thereof are owned by Franchisor and/or its affiliate. All title and intellectual property rights in and to the Periodical content which may be accessed through use of the Periodical and related services is the property of Franchisor and shall be protected by applicable copyright and other intellectual property laws. This Agreement grants no rights to Franchisee's customer to use the content without Franchisor's written consent.
[Item 23: Receipts]
The Franchisees are obligated to comply with all laws and regulations that are applicable to the use of social media. The Franchisees are prohibited from actions including without limitation defaming or disparaging competitors, customers, employees, suppliers, subcontractors, or Coffee News; harassing employees, customers, or any other individuals or entities; using copyrighted materials, trademarks or other proprietary materials in an infringing manner; discriminating against employment applicants, violating privacy laws and policies or otherwise misusing the proprietary information of others; or violating laws or other ethical standards, such as fraud or misrepresentation. All posts by the Franchisees on the site must be truthful and not misleading.
[Item 23: Receipts]
The Franchisees may not use or post the confidential and/or proprietary information of Coffee News pursuant to the Coffee News Franchise Agreement, or breach any other restrictions on confidentiality or disclosure. Additionally, the Franchisees may not comment on legal matters, or private matters internal to the Coffee News franchise system. Further, the Franchisees need to carefully review the content of the site before publishing or posting and may not disclose proprietary information of their clients, customers or suppliers, or use the names of clients, customers or suppliers without permission.
[Item 23: Receipts]
In consistent with the Coffee News Franchise Agreement, any goodwill generated from Coffee News Franchisees' social media account belongs to Coffee News. Coffee News reserves the right of ownership to its Franchisees' social-media accounts, the content therein, and the domain names associated with these accounts.
Source: Item 9 — Franchisee's Obligations (FDD pages 15–16)
What This Means (2025 FDD)
According to the 2025 Coffee News Franchise Disclosure Document, several items pertain to trademarks and proprietary information. Item 13 specifically addresses trademarks, detailing the franchisee's right to use Coffee News' trademarks, the obligation to report infringements, and the franchisor's management of any legal challenges to the trademarks. It also clarifies that 2703203, Manitoba, Inc. retains all rights to the "Coffee News" name and format. Item 14 discusses patents, copyrights, and proprietary information, asserting Coffee News' copyright claim on its training programs, operations manual, marketing materials, and license agreement. It also requires franchisees to report any unauthorized use of proprietary information.
Item 23 also contains information regarding trade secrets and copyrights. Franchisees are prohibited from sharing confidential information about the "Coffee News" format, operational methods, advertising, promotional ideas, or any other information related to Coffee News' business without written consent. This obligation extends beyond the termination of the franchise agreement, and franchisees must ensure their employees and agents also adhere to these confidentiality terms through non-disclosure agreements. Additionally, Item 23 states that Coffee News and its affiliates own all copyrights to the Periodical, Operations Manual, training materials, marketing materials, and license agreements.
Furthermore, Item 23 outlines compliance with laws and regulations, particularly concerning social media use. Franchisees must avoid actions such as defaming competitors, using copyrighted materials or trademarks inappropriately, or misusing proprietary information. The FDD emphasizes that any goodwill generated from the franchisee's social media accounts belongs to Coffee News, which reserves ownership rights to these accounts, their content, and associated domain names. These provisions collectively aim to protect Coffee News' brand identity, operational methods, and intellectual property, ensuring franchisees understand their obligations regarding confidential information and trademark usage.