What does Devon Creek consider as 'Intellectual Property'?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
14.1.1. Franchisee expressly understands and acknowledges that Devon Creek IP, LLC or its successor, ("Licensor") is the record owner of the Marks. Franchisor holds the exclusive right to license the Marks to franchisees of the System for use pursuant to the System. Franchisee further expressly understands and acknowledges that Franchisor and/or Licensor claims copyrights on certain material used in the System, including but not limited to its website, documents, advertisements, promotional materials and the Manual, whether or not Franchisor has filed for copyrights thereto with the U.S. Copyright Office. The Marks and copyrights, along with Franchisor's trade secrets, service marks, trade dress and proprietary systems are hereafter collectively referred to as the "Intellectual Property".
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
According to the 2024 Devon Creek Franchise Disclosure Document, the company defines 'Intellectual Property' broadly. It includes items for which Devon Creek IP, LLC or its successor, is the record owner of the Marks. Devon Creek holds the exclusive right to license the Marks to franchisees of the System for use pursuant to the System.
Devon Creek claims copyrights on certain material used in the System, including but not limited to its website, documents, advertisements, promotional materials and the Manual, whether or not Devon Creek has filed for copyrights thereto with the U.S. Copyright Office.
Specifically, Devon Creek's intellectual property encompasses its trademarks (the 'Marks'), copyrights, trade secrets, service marks, trade dress, and proprietary systems. As a franchisee, you're granted the right to use this intellectual property solely for operating your Devon Creek franchise, but you do not gain any ownership of it.