Who owns the copyrights relating to the System or the Business concept for Moes Southwest Grill?
Moes_Southwest_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge that as between you and us, any and all present or future copyrights relating to the System or the Business concept, including the Manuals (including the Supplements); the Recipes; our building designs, architectural renderings, and construction plans; and certain forms, advertisements, images, art, photography, promotional materials, and other written materials that we produce (collectively, the "Copyrights") belong solely and exclusively to us or our affiliates.
You have no interest in the Copyrights beyond the non-exclusive license granted in this Agreement.
Your use of the Copyrights inures to our benefit.
Source: Item 22 — Contracts (FDD page 92)
What This Means (2025 FDD)
According to the 2025 Moe's Southwest Grill Franchise Disclosure Document, Moe's Franchisor SPV LLC or its affiliates own the copyrights relating to the System or the Business concept. These copyrights encompass various elements, including the manuals, supplements, recipes, building designs, architectural renderings, construction plans, forms, advertisements, images, art, photography, promotional materials, and other written materials. As a franchisee, you acknowledge that you have no interest in these copyrights beyond the non-exclusive license granted to you in the Franchise Agreement. Your use of the copyrights benefits Moe's Southwest Grill.
This means that while you, as a franchisee, are granted the right to use these copyrighted materials to operate your Moe's Southwest Grill franchise, the ownership and control of these materials remain with Moe's Franchisor SPV LLC. You cannot claim ownership or create derivative works based on these materials without explicit permission. This is a standard practice in franchising, ensuring brand consistency and protecting the franchisor's intellectual property.
The Franchise Agreement also states that upon expiration or termination of the agreement, all rights to use the intellectual property, including copyrights, automatically revert to Moe's Southwest Grill without any cost. The franchisee must also execute any documents required to confirm this reversion. Furthermore, any innovations or improvements related to the business or system, whether created by the franchisee or their employees, become the sole property of Moe's Southwest Grill. This includes ideas, concepts, techniques, or materials relating to the Business or the System or derivations or modifications of the Intellectual Property or any other element of the System.
As a prospective franchisee, it is important to understand that you are licensing the use of intellectual property and must adhere to the franchisor's guidelines. You should also be aware that any improvements or innovations you develop related to the Moe's Southwest Grill system will become the property of the franchisor. This is a common clause in franchise agreements designed to protect the brand and ensure consistency across all franchise locations.