Who is the record owner of the Marks for the Devon Creek franchise?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
14.1 Ownership.
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".
- 14.1.2.
As between Franchisor and Franchisee, Licensor and Franchisor are the owner of all right, title and interest in and to the Intellectual Property and the goodwill associated with and symbolized by them.
- 14.2 No Interference.
Neither Franchisee nor any Principal shall take any action that would prejudice or interfere with the validity of Franchisor's or Licensor's rights with respect to the Intellectual Property.
Nothing in this Agreement shall give the Franchisee any right, title, or interest in or to any of the Intellectual Property or any of Franchisor's or Licensor's service marks, trademarks, trade names, trade dress, logos, copyrights or proprietary materials, except the right to use the Intellectual Property and the System in accordance with the terms and conditions of this 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.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
According to the 2024 Devon Creek Franchise Disclosure Document, Devon Creek IP, LLC or its successor, is the record owner of the Marks. Devon Creek Franchisor holds the exclusive right to license the Marks to franchisees of the System for use pursuant to the System. The Marks and copyrights, along with Devon Creek's trade secrets, service marks, trade dress and proprietary systems are collectively referred to as the "Intellectual Property".
As between Devon Creek Franchisor and Franchisee, Licensor and Franchisor are the owner of all right, title and interest in and to the Intellectual Property and the goodwill associated with and symbolized by them. Franchisees must acknowledge that they cannot take any action that would prejudice or interfere with the validity of Devon Creek's or Licensor's rights with respect to the Intellectual Property.
This means that while franchisees are granted the right to use Devon Creek's trademarks and other intellectual property to operate their franchise, they do not own these assets. Devon Creek IP, LLC retains ownership, and franchisees must respect and protect these rights. This is a standard arrangement in franchising, ensuring brand consistency and protecting the value of the Devon Creek brand.