Can Potbelly Sandwich Works direct a franchisee to stop using copyrighted items?
Potbelly_Sandwich_Works Franchise · 2025 FDDAnswer from 2025 FDD Document
We and PSW, LLC claim copyrights in the Operations Manual (which contains our trade secrets and confidential information), Shop blueprints and other design features, advertising and marketing materials, menu boards, and similar items used in operating Potbelly Shops. We and PSW, LLC have not registered these copyrights with the United States Copyright Office but currently need not do so to protect them. You may use these items only as we specify while operating your Shop (and must stop using them if we so direct you).
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 54–55)
What This Means (2025 FDD)
According to Potbelly Sandwich Works's 2025 Franchise Disclosure Document, Potbelly Sandwich Works and PSW, LLC claim copyrights to the Operations Manual, shop blueprints and designs, advertising and marketing materials, and menu boards. As a franchisee, you are allowed to use these copyrighted items only as specified by Potbelly Sandwich Works while operating your shop.
Potbelly Sandwich Works retains the right to direct you to stop using these items at their discretion. This means that even though you are granted the right to use these materials, Potbelly Sandwich Works can revoke that right.
This clause gives Potbelly Sandwich Works significant control over the brand's image and consistency. It also means that a franchisee must stay updated with any changes to the brand's materials and immediately comply with any directives to discontinue the use of particular copyrighted items. Failure to comply could result in a breach of the franchise agreement.