Is Cool Binz required to protect or defend copyrights?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
We need not protect or defend copyrights, although we may do so when this action is, in our opinion, in the best interest of the System.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 50–52)
What This Means (2025 FDD)
According to Cool Binz's 2025 Franchise Disclosure Document, Cool Binz is not obligated to protect or defend its copyrights. However, Cool Binz retains the option to take action if it believes doing so is in the best interest of the franchise system. This discretionary approach to copyright protection means that franchisees cannot rely on Cool Binz to actively pursue or prevent potential copyright infringements related to the franchise's operational materials.
Cool Binz claims copyrights in its Operations Manuals, System Standards, advertising materials, COOL BINZ Software, business forms, videos, CDs, and other printed and advertising material used in operating the System, even though these copyrights are not registered with the United States Registrar of Copyrights. Franchisees are permitted to use these items only as specified by Cool Binz and only while operating their Cool Binz business. Franchisees do not have rights to compensation if Cool Binz requires them to modify or discontinue using material covered by any patent or copyright.
This policy places the onus on the franchisee to report any unauthorized use of Cool Binz's proprietary information. While Cool Binz will respond to such reports as it deems appropriate, it is not legally bound to take any specific action. This could leave franchisees vulnerable if competitors or other parties misuse Cool Binz's copyrighted materials, as the franchisor may choose not to intervene. Prospective franchisees should consider the implications of this policy and assess their comfort level with the level of copyright protection Cool Binz is willing to provide.