Does any agreement limit Focalpoint Coaching's right to use copyrighted materials?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
There currently are no effective adverse determinations of the USPTO, the United States Copyright Office, or any court regarding the copyrighted materials. No agreement limits our right to use or allow others to use the copyrighted materials. We do not actually know of any infringing uses of our copyrights that could materially affect your use of the copyrighted materials in any state.
We need not protect or defend copyrights, although we intend to do so if in the system's best interests. We may control any action we choose to bring, even if you voluntarily bring the matter to our attention. We need not participate in your defense and/or indemnify you for damages or expenses in a proceeding involving a copyright.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 40–42)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, no agreement limits their right to use or allow others to use the copyrighted materials. Focalpoint Coaching and FocalPoint International claim copyrights in the Operations Manual, advertising and marketing materials, and similar items used in operating Focalpoint Coaching Franchised Businesses.
Focalpoint Coaching does not need to register these copyrights with the United States Registrar of Copyrights to protect them. As a franchisee, you are allowed to use these copyrighted items only as specified by Focalpoint Coaching while operating your franchised business, and you must stop using them if directed to do so.
Focalpoint Coaching states that there are no effective adverse determinations from the USPTO, the United States Copyright Office, or any court regarding the copyrighted materials. Additionally, Focalpoint Coaching does not know of any infringing uses of their copyrights that could materially affect a franchisee's use of the copyrighted materials in any state. While Focalpoint Coaching intends to protect and defend its copyrights if it is in the best interest of the system, they are not required to do so.