What copyrighted materials does Focalpoint Coaching claim copyrights in?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
k or service mark.
Item 14
PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION
No patents or pending patent applications are material to the franchise. We and FocalPoint International claim copyrights in the Operations Manual (which contains our trade secrets), advertising and marketing materials, and similar items used in operating FocalPoint Franchised Businesses. Neither we nor FocalPoint International have registered these copyrights with the United States Registrar of Copyrights, but neither we nor FocalPoint International need
do so at this time to protect them. You may use these items only as we specify while operating your Franchised Business (and must stop using them if we so direct you).
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, Focalpoint International and Focalpoint Coaching claim copyrights in specific materials. These include the Operations Manual, which contains the company's trade secrets, advertising and marketing materials, and similar items used in operating Focalpoint Coaching Franchised Businesses.
While Focalpoint Coaching and Focalpoint International have not registered these copyrights with the United States Registrar of Copyrights, they believe registration is unnecessary to protect their rights at this time. As a franchisee, you are permitted to use these copyrighted items, but only as specified by Focalpoint Coaching. This use is contingent upon the franchisee operating their Franchised Business and must cease if Focalpoint Coaching directs otherwise.
Focalpoint Coaching retains the right to control any legal action related to these copyrights, even if a franchisee brings the matter to their attention. The company is not obligated to participate in a franchisee's defense or indemnify them for damages or expenses in any proceeding involving a copyright. This means that while franchisees can use the copyrighted materials to operate their Focalpoint Coaching business, they must adhere to the franchisor's guidelines and understand the limitations regarding legal protection.