factual

Does Counselor Realty grant franchisees the right to use any items covered by a patent?

Counselor_Realty Franchise · 2025 FDD

Answer 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 Counselor Realty's 2025 Franchise Disclosure Document, franchisees are not granted the right to use any item covered by a patent. However, Counselor Realty does allow franchisees to use proprietary information found in the applicable components of the Franchise Policy Guidelines.

Although Counselor Realty has not applied for federal copyright registration of the Franchise Policy Guidelines or its individual components, the information within the entire Franchise Policy Guidelines is considered proprietary. Counselor Realty owns the copyright to the entire Franchise Policy Guidelines, as well as various advertising and sales promotion materials, and customer convenience and other materials used in connection with the franchisee's office.

This means that while franchisees can utilize Counselor Realty's proprietary information, they do not receive rights to patented items. Franchisees must adhere to the guidelines and standards set forth by Counselor Realty when using their materials and trademarks. This is a fairly standard practice in franchising, as franchisors typically retain ownership and control over their intellectual property.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.