Is there a list of materials that Counselor Realty considers proprietary?
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, while Counselor Realty does not grant franchisees the right to use any items covered by a patent or copyright, it does permit the use of proprietary information within 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 materials used in connection with the franchisee's office. Upon termination or expiration of the Franchise Agreement, the franchisee must return the Franchise Policy Guidelines and all other confidential or trade secret information to Counselor Realty.
Additionally, the franchisee must cease using any distinctive, proprietary, or confidential items, methods, or other techniques, systems, or know-how disclosed by Counselor Realty. Counselor Realty or its affiliate has the right to access and remove any confidential or proprietary information and materials, either at the franchisee's office or remotely through electronic means.