Which sections of the Coffee News Franchise Agreement address trademarks and proprietary information?
Coffee_News Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 13: Trademarks]
Coffee News Periodical format as described above is protected as Coffee News trade dress under the trademark laws through its actual and continuous use over the years. The Coffee News Periodicals nationwide and global wide all have the exact same format in the past at least 24 years.
Nothing in the franchise agreement shall be construed as a grant to you of any right, or interest in the "Coffee News" name or format, since all rights are reserved by 2703203, Manitoba, Inc. and us except for this license to the "Coffee News" name and format only as expressly provided in the franchise agreement. Furthermore, nothing in the agreement shall be construed as an assignment or license to you of any right or interest in any trade names or symbols, service marks, signs, slogans, or insignia not designated by the agreement as licensed to you, which may be developed by us for use with other publishers. In signing the agreement, you recognize the great value of the goodwill associated with our name and format and you acknowledge that the goodwill belongs to us and 2703203, Manitoba, Inc. You also will agree that you will not, at any time attack the title or any rights of us or 2703203, Manitoba, Inc. to the "Coffee News" name or format or attack the validity of the license to use the name or format or do anything which would jeopardize or diminish our rights or the value or the name.
You will have the right to use trademarks during any dispute between us and 2703203, Manitoba, Inc. [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]
3. Compliance with laws, regulations and third-party terms
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. The Franchisees are not encouraged to mention their competitors on the site, but if they do, the Franchisees must follow the guidelines contained in this Policy.
4. Confidential information
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.
5. Endorsements and testimonials
The Franchisees shall comply with all rules and regulations concerning the endorsement of products pursuant to the 2012 FTC Endorsement Guidelines, as it may be amended from time to time. If the Franchisee is in any way compensated
relating to promote and post about a product, then any post by the Franchisee on that topic must disclose such relationship.
6. Ownership of domain names, accounts and content
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 sections of the franchise agreement address trademarks and proprietary information. Item 13 explicitly discusses trademarks, stating that all rights to the "Coffee News" name and format are reserved by 2703203, Manitoba, Inc. and Coffee News USA, except for the license granted in the agreement. Franchisees acknowledge the goodwill associated with the Coffee News name and agree not to attack the title or validity of the license.
Item 14 addresses patents, copyrights, and proprietary information, noting that Coffee News claims a copyright on its operations manual, training program materials, marketing promotion materials, license agreement, and all content developed by them and their affiliate. The affiliate, 2703203 Manitoba Inc., claims copyright to the Coffee News format design and the content of the Periodicals. Franchisees are required to promptly report any unauthorized use of Coffee News's proprietary information.
Additionally, Item 23 discusses compliance with laws, regulations, and third-party terms, emphasizing that franchisees must not infringe on copyrighted materials, trademarks, or other proprietary materials. It also states that franchisees may not use or post confidential or proprietary information of Coffee News, and any goodwill generated from franchisees' social media accounts belongs to Coffee News, which reserves the right of ownership to these accounts, content, and associated domain names.