Does Pearce Bespoke claim copyright protection where applicable?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
We claim common law rights to the Marks and other terms and phrases used regularly in connection with the Business. We also claim common law rights to our designs, logos, and trade dress items, including color schemes and appearance, as well as copyright where applicable, but there have not been judicial determinations of the existence, validity, or extent of our rights. We claim and intend to rely on common law and/or statutory trade secret, and unfair competition protection for the proprietary materials and information you are awarded a license to use under the Franchise Agreement.
Source: Item 13 — TRADEMARKS (FDD page 29)
What This Means (2025 FDD)
According to the 2025 Pearce Bespoke Franchise Disclosure Document, Pearce Bespoke claims common law rights to its designs, logos, and trade dress items, including color schemes and appearance, as well as copyright where applicable. However, the document specifies that there have been no judicial determinations regarding the existence, validity, or extent of these rights. Pearce Bespoke also asserts common law and/or statutory trade secret and unfair competition protection for the proprietary materials and information licensed to franchisees under the Franchise Agreement.
This means that while Pearce Bespoke asserts copyright protection, it has not been legally validated in court. As a franchisee, you are licensed to use these materials but must also rely on Pearce Bespoke's claims to protect your business. The company also states that it intends to file all affidavits and any other documents required to maintain their interest in and to the Marks upon renewal or at any other time required for renewal and to maintain their interest in and to the Marks.
Pearce Bespoke will control any trademark litigation and will take action if a third party infringes on their Marks. Franchisees must notify Pearce Bespoke promptly if they become aware of any infringement or unauthorized use of the Marks and cooperate with any action that Pearce Bespoke takes. Pearce Bespoke will cover the costs of litigation, including attorney's fees, specifically related to the Marks. However, Pearce Bespoke is not required to take affirmative action when notified of these uses or claims.
It is important for prospective franchisees to understand the implications of these protections. While Pearce Bespoke claims copyright and trademark rights, the absence of judicial determinations means there is some uncertainty regarding the strength of these claims. Franchisees should consider this when evaluating the value and security of the Pearce Bespoke franchise opportunity.