Who is the record owner of the Marks for Devon Creek?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
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 Devon Creek's 2024 Franchise Disclosure Document, Devon Creek IP, LLC or its successor, is the record owner of the Marks. Devon Creek Franchise Group, LLC holds the exclusive right to license the Marks to franchisees of the Devon Creek system for use pursuant to the System. The franchisor and/or licensor also 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.
As a Devon Creek franchisee, you must acknowledge that Devon Creek IP, LLC, or its successor, owns the Marks. You are only granted the right to use the Intellectual Property and the System in accordance with the terms and conditions of the Franchise Agreement for the operation of a Franchised Business and only at or from the Franchised Business office location or in approved advertising related to the Franchised Business.
As a franchisee, you cannot take any actions that would negatively impact or interfere with Devon Creek's or its licensor's rights regarding the Intellectual Property. All fictitious names used by Franchisee shall bear the designation "a Devon Creek". You must also identify yourself as an independent Devon Creek franchisee in conjunction with any use of the Intellectual Property, including, but not limited to, uses on invoices, order forms, receipts and contracts, as well as the display of a notice in such content and form and at such conspicuous location upon the office and vehicle(s), as directed by Franchisor, used in the Franchised Business, as Devon Creek may designate in writing.