What intellectual property rights does Nothing Bundt Cakes retain in the website and its information?
Nothing_Bundt_Cakes Franchise · 2025 FDDAnswer from 2025 FDD Document
NBC Franchisor LLC (the "Company"), a special purpose Delaware limited liability company, was organized on June 14, 2021. The Company is a direct, wholly owned subsidiary of NBC Funding LLC (the "Debt Issuer"), which is a special purpose Delaware limited liability company that is a direct, wholly owned subsidiary of NBC SPV Guarantor LLC and an indirect, wholly owned subsidiary of NBC Holdings, LLC ("Parent").
The Company was formed in connection with a financing transaction (the "Securitization Transaction"), which was completed on July 30, 2021 (see Note 4), and serves as the "franchisor" of the Nothing Bundt Cakes brand and owns all Franchise Assets, which includes all franchise agreements and intellectual property related to the business. The Company grants the rights to own and operate Nothing Bundt Cakes bakeries, which specialize in selling decorated bundt cakes and other related gift items. The Company grants each franchisee a transferable right and license to use the "System," the proprietary marks, and to market, sell, and provide the approved products in accordance with the System. The System consists of certain trademarks, service marks, and commercial symbols, including the mark "Nothing Bundt Cakes," certain bakery design décor and images, all of which the Company may modify from time to time. Nothing Bundt Franchising, LLC (the "Manager"), is an affiliated company that performs certain services for the Company under a management agreement (refer to Note 7).
Source: Item 23 — RECEIPTS (FDD pages 93–309)
What This Means (2025 FDD)
According to Nothing Bundt Cakes' 2025 Franchise Disclosure Document, NBC Franchisor LLC owns all franchise assets, including intellectual property related to the business. The company grants franchisees the rights to operate a Nothing Bundt Cakes bakery, utilizing the "System", proprietary marks, and approved products. The franchisor retains the right to modify the System from time to time. The System includes trademarks, service marks, commercial symbols such as the "Nothing Bundt Cakes" mark, and bakery design decor and images.
Nothing Bundt Cakes maintains ownership and control over its intellectual property, which is a common practice in franchising. This allows them to ensure brand consistency and quality across all franchise locations. Franchisees are granted a license to use these assets but do not own them.
Prospective franchisees should be aware that their use of the Nothing Bundt Cakes website and any associated information is subject to the franchisor's intellectual property rights. Any unauthorized use or modification of these assets could result in legal action. Franchisees should seek clarification from the franchisor regarding the specific terms and conditions governing the use of the website and its content to ensure compliance with the franchise agreement.