Does Cordova have the right to copyright advertising materials and design specifications?
Cordova Franchise · 2025 FDDAnswer from 2025 FDD Document
uggest pricing levels that we recommend.
Advertising
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- Generally All advertising, marketing, marketing materials and all marketing mediums used by you in the marketing and promotion of the Franchised Business must be pre-approved by us in writing and conform to our standards and specifications. You may only use those advertising and marketing materials and mediums that we designate and approve in writing. In our discretion we may make available to you approved marketing templates comprised of pre-approved ads, ad copy and digital media that you may utilize at your own expense. If you wish to utilize marketing materials and/or marketing mediums that are not currently approved by us in writing, you may submit a written request requesting permission and we will approve or disapprove of your request within 15 days of your submission of the written request and sample marketing materials. We are not required to conduct any advertising or spend any amount on your behalf on advertising in your operating territory. (Franchise Agreement, Article 9);
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- Franchisee Directed Local Marketing You are not authorized to engage in any marketing unless it is preapproved by us, in our discretion. (Franchise Agreement, Article 9.B.). You are required to engage in local marketing and you are required to commit specific minimum amount of funds to your local marketing efforts. We will make available to you and provide you with access, in the form of a source document, to our approved marketing campaigns, media, and messaging that may be used by you. In those instances where we provide you with access to our marketing campaigns, we provide you with the source designs, copy, and design specifications. However, you will incur the direct costs associated with customizing, duplicating and using such marketing campaigns and having them printed, distributed and placed with media sources. (Franchise Agreement, Article 9);
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- Digital Media and Website All digital media and marketing must be approved by us. We will designate for your Operating Territory information about your Cordova Business on the www.cordovafranchising.com webpage or such other websites as we may designate for the System. (Franchise Agreement, Article 9.F.);
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- Brand Development Fund We may control and administer a brand development fund (the "Brand Development Fund") (Franchise Agreement, Article 9.A.). As disclosed in Item 6 of this Disclosure Document, you must contribute a monthly sum not to exceed 2% of your monthly Gross Sales to the Brand Development Fund. We may use the Brand Development Fund for market studies, research, service development, product development, testing, research studies, technology development, advertising and public relations studies or services, creative production and printing of advertising and marketing materials, advertising copy and commercials, tracking costs, agency fees, advertising councils, franchisee advisory councils, administrative costs, which may include reimbursement for direct administrative and personnel costs associated with advertising and public relations, and any other costs associated with the development, marketing and testing of advertising, marketing and public relations materials, and the purchase of media placement, advertising time and public relations materials in national, regional or other advertising and public relations media in a manner determined by us, in our discretion, to be in the best interest of the franchisees and the System. Our company and/or affiliate owned Cordova Businesses may but are not required to contribute to the Brand Development Fund. The Brand Development Fund will be required to maintain unaudited financial records detailing its expenditures and will make available to you (no more frequently than one time in any 12-month period) an unaudited accounting of how the monies contributed to the Brand Development Fund were spent each year. We are not required to segregate the Brand Development Fund from our general operating funds and we are not a fiduciary or trustee of the Brand Development Fund. The Brand Development Fund will not be used to directly promote your Cordova Business or the marketing area in which your Cordova Business will be located. (Franchise Agreement, Article 9.A.). We may utilize the Brand Development Fund to develop and test various media and technologies for potential utilization and/or improvement of the operations of Cordova Businesses and the marketing of Cordova Businesses. These technology developments and/or improvements may relate, among other things, to our website and to the interaction and potential enhancement of web offerings that may or may not be implemented on behalf of Cordova Businesses. You may or may not benefit from these technology developments and improvements. (Franchise Agreement, Article 9.A.).
We may use the Brand Development Fund to compensate ourselves for administrative fees associated with managing the Brand Development Fund and for our internal employee salaries, expenses and overhead associated with or reasonably allocated to managing the activities of the Brand Development Fund and performing services on behalf of the Brand Development Fund including, but not limited to, directing, developing and managing media of the Brand Development Fund. We will not use the Brand Development Fund to directly market the sale of Cordova Business franchises; however, the advertising, marketing and brand development materials developed, including the System website, may contain information as to the availability of Cordova Business franchises for sale and contact information for franchise inquiries.
We have not established and do not currently require any contribution to a Brand Development Fund;
- Advertising Cooperative – We possess the right to authorize, establish, designate and de-authorize a local or regional advertising cooperative within markets that we designate.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 31–32)
What This Means (2025 FDD)
According to the 2025 FDD, Cordova retains control and approval rights over advertising and design specifications. Franchisees must obtain written approval from Cordova for all advertising and marketing materials used in promoting their Cordova business. Cordova may provide approved marketing templates, including pre-approved ads, copy, and digital media, for franchisees to use at their own expense. Franchisees wanting to use materials not already approved must submit a written request, which Cordova will then approve or disapprove within 15 days.
Cordova maintains the right to approve all digital media and marketing efforts. The brand will designate information about the franchisee's Cordova business on the www.cordovafranchising.com website or other designated websites. Cordova may also manage a Brand Development Fund, which can be used to develop advertising, marketing, and brand development materials, including the System website.
Cordova also has the right to authorize, establish, designate, and de-authorize local or regional advertising cooperatives. If a cooperative is established in the franchisee's market, the franchisee must contribute to it as determined by the cooperative members. All materials bearing the Licensed Marks, such as stationery, business cards, brochures, apparel, signs, and displays, must meet Cordova's standards and specifications and be purchased from approved sources. Cordova also defines "Trade Dress" as the designs, images, marketing materials, packaging and branding that Cordova authorizes and requires the franchisee to use, which may be revised and further developed by Cordova from time to time.
In summary, Cordova maintains tight control over its brand's image and marketing, requiring franchisees to adhere to its standards and use only approved materials and vendors. This ensures brand consistency but also limits the franchisee's creative control over their local marketing efforts.