What items 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 the 2025 Focalpoint Coaching Franchise Disclosure Document, Focalpoint Coaching, Inc. and FocalPoint International claim copyrights in specific materials related to the franchise system. These copyrighted items include the Operations Manual, which contains the trade secrets of Focalpoint Coaching, as well as the advertising and marketing materials 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 that registration is not currently necessary to protect their intellectual property. As a franchisee, you are permitted to use these copyrighted items, but only as specified by Focalpoint Coaching, and you must cease using them if directed to do so.
The FDD states that there are no known effective adverse determinations from the USPTO, the United States Copyright Office, or any court regarding these copyrighted materials, and no agreements limit Focalpoint Coaching's right to use or allow others to use them. While Focalpoint Coaching does not have an obligation to protect or defend these copyrights, they intend to do so if it is in the best interest of the franchise system. They also retain control over any legal action related to these copyrights, even if a franchisee brings the matter to their attention.