What intellectual property rights relating to the Embassy Suites brand does the license from HIH include?
Embassy_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
ion proceedings in the United States that could materially affect the use of our Principal Mark. All required affidavits and renewals have been filed.
ITEM 14 PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
Our license from our affiliate HIH includes a license to all the intellectual property rights relating to the Embassy Suites Brand and the eforea Brand in the US. You may use this intellectual property only in connection with the System and only in the manner we designate, as set out in the Franchise Agreement and the Standards. You may use the intellectual property related to the eforea Brand only so long as you are operating an eforea spa. The Franchise Agreement does not grant you the right to use any other intellectual property owned by any of our affiliates.
Neither we nor our affiliate HIH own any rights in or licenses to any patents or registered copyrights nor have any pending patent applications material to our franchise business. The proprietary information of HIH, which has been licensed to us, consists of the Manual and all other information or materials concerning the methods, techniques, plans, specifications, procedures, information, systems and knowledge of and experience in the development, operation, marketing
and licensing of the System ("Proprietary Information"). You must treat the Proprietary Information as confidential. You must adopt and implement all reasonable procedures we may periodically establish to prevent unauthorized use or disclosure of the Proprietary Information, including restrictions on disclosure to your employees and the use of non-disclosure and non-competition clauses in agreements with your employees, agents and independent contractors who have access to the Proprietary Information.
The Standards, as compiled in the Manual or set out in the Franchise Agreement or otherwise, set forth our requirements and recommended practices and procedures regarding the specifications, requirements, criteria, and policies for design, construction, renovation, refurbishment, appearance, equipping, furnishing, supplying, opening, operating, maintaining, marketing, services, service levels, quality, and quality assurance of System Hotel operations and for hotel identification, advertising and accounting. Although neither we nor HIH, nor any predecessor of either of us, have filed an application for a copyright registration for the Manual, we and HIH claim copyrights and the information is proprietary. You must comply with our requirements concerning confidentiality of the Manual. You may not copy or distribute any part of the Manual to anyone who is not affiliated with the System. You must promptly notify us, in writing, when you learn of any unauthorized use of our Proprietary Information. We will respond as we think appropriate. We are not, however, obligated to participate in your defense or indemnify you for damages or expenses if you are a party to a proceeding involving the copyright on the Manual. Items 11 and 15 of this Disclosure Document further describe the limitations on the use of the Manual by you and your employees.
Although neither HIH nor any predecessor has filed an application for copyright registration for the Hilton OnQ software, which includes OnQ (formerly System 21) and other Hilton systems (namely the Revenue and Customer Relationship Management Systems), HIH claims copyrights and the information is Proprietary Information. You may not copy or distribute any of the OnQ software, and you must notify us of any unauthorized use of the OnQ software or any other Hilton systems.
There are no agreements currently in effect which significantly limit your right to use any of HIH's claimed copyrighted materials. Also, there are no currently effective determinations of the U.S. Patent and Trademark Office, Copyright Office (Library of Congress) or any court pertaining to or affecting any of the claimed copyrights discussed above. Finally, as of the issuance date of this Disclosure Document, neither we nor HIH are aware of any infringing uses of or superior prior rights to any of their claimed copyrights which could materially affect your use of them.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 72–74)
What This Means (2025 FDD)
According to Embassy Suites's 2025 Franchise Disclosure Document, the license from HIH (an affiliate) includes all intellectual property rights related to the Embassy Suites brand and the eforea Brand in the US. This means franchisees are authorized to use trademarks, copyrights, and other proprietary information associated with these brands, but only within the scope and manner designated by Embassy Suites in the Franchise Agreement and Standards. If a franchisee operates an eforea spa, they can use the intellectual property related to that brand.
The Franchise Agreement does not grant franchisees the right to use any other intellectual property owned by HIH or other affiliates. The proprietary information licensed to Embassy Suites by HIH consists of the Manual and all other information or materials concerning the methods, techniques, plans, specifications, procedures, information, systems and knowledge of and experience in the development, operation, marketing and licensing of the System. Franchisees must treat this proprietary information as confidential and implement procedures to prevent unauthorized use or disclosure, including non-disclosure and non-competition agreements with employees.
Embassy Suites may modify or discontinue the use of any copyright at its discretion, and franchisees must comply with these instructions without reimbursement for any costs or damages. While HIH claims copyrights, these may be transferred to another affiliate for administrative purposes, but Embassy Suites will continue to have a license to use them. Franchisees' obligations to protect their rights to use Embassy Suites' copyrights are the same as their obligations for the Marks described in Item 13 of the Franchise Disclosure Document.
All information provided to franchisees for operating the hotel during the term is Embassy Suites' property and cannot be used after the term, unless expressly permitted. Information obtained from franchisees or about their hotels or guests, including through computerized systems, is also Embassy Suites' property, which they may use as they consider necessary, including for financial performance representations in their Franchise Disclosure Documents. Franchisees can use customer data acquired from third parties in operating their hotel, but not information obtained through guest reservations or loyalty programs operated by Embassy Suites or its affiliates.