Is a Focalpoint Coaching franchisee allowed to use copyrighted materials in any way they see fit?
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.
Our Operations Manual and other materials contain our confidential information (some of which constitutes trade secrets under applicable law). This information includes training and operations materials; methods, formats, specifications, standards, systems, procedures, sales and marketing techniques, knowledge, and experience used in developing and operating FocalPoint Franchised Businesses; marketing and advertising programs for FocalPoint Franchised Businesses; any computer software or similar technology that is proprietary to us or the system; knowledge of specifications for and suppliers of Operating Assets, Proprietary Products, and other products and supplies; knowledge of the operating results and financial performance of FocalPoint Franchised Businesses other than your Franchised Business; and graphic designs and related intellectual property.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 40–42)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching FDD, a franchisee's use of copyrighted materials is restricted. Focalpoint Coaching and FocalPoint International claim copyrights to the Operations Manual, advertising, marketing materials, and similar items used in the Franchised Businesses. While these copyrights are not registered, Focalpoint Coaching states that registration is not currently needed for protection.
A Focalpoint Coaching franchisee may only use these copyrighted items as specified by Focalpoint Coaching while operating their Franchised Business. This use must cease if Focalpoint Coaching directs otherwise. The franchisee does not acquire any interest in the confidential information other than the right to use it as specified by Focalpoint Coaching during the agreement's term.
Focalpoint Coaching retains control over actions regarding copyright protection and is not obligated to participate in a franchisee's defense or indemnify them in proceedings involving a copyright. All ideas, concepts, techniques, or materials relating to a Focalpoint Coaching Franchised Business, whether or not protectable intellectual property, must be disclosed to Focalpoint Coaching and will be deemed their sole and exclusive property.