Has Counselor Realty applied for federal copyright registration of the Franchise Policy Guidelines?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
Counselor does not grant you the right to use any item covered by a patent or copyright, but does permit you to use proprietary information in applicable components of the Franchise Policy Guidelines. Although Counselor has not applied for federal copyright registration of the Franchise Policy Guidelines or its individual components, the information in the entire Franchise Policy Guidelines is proprietary and Counselor owns the copyright in the entire Franchise Policy Guidelines, and in various advertising and sales promotion materials, and customer convenience and other materials, used in connection with your Office.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD page 24)
What This Means (2025 FDD)
According to the 2025 Counselor Realty FDD, Counselor Realty has not applied for federal copyright registration of the Franchise Policy Guidelines or its individual components. However, Counselor Realty considers the information within the Franchise Policy Guidelines to be proprietary and asserts ownership of the copyright for the entire Franchise Policy Guidelines. They also claim copyright ownership of various advertising and sales promotion materials, as well as customer convenience and other materials used in connection with a franchisee's office. This means that while the guidelines aren't federally registered, Counselor Realty still considers them protected by copyright law.
As a Counselor Realty franchisee, you are permitted to use the proprietary information within the Franchise Policy Guidelines. However, you do not gain the right to use any item covered by a patent or copyright. This implies that franchisees must adhere to Counselor Realty's guidelines and standards, especially regarding the use of proprietary information and copyrighted materials.
While Counselor Realty has not pursued federal registration, they retain the right to protect their materials. This could mean that franchisees need to be careful about how they use and distribute the Franchise Policy Guidelines and other materials to avoid potential copyright infringement issues. It is important for franchisees to understand the scope of Counselor Realty's copyright claims and to use the materials in accordance with the franchise agreement and any additional guidelines provided by Counselor Realty.