What items does Potbelly Sandwich Works claim copyrights in?
Potbelly_Sandwich_Works Franchise · 2025 FDDAnswer from 2025 FDD Document
No patents or patent applications are material to the franchise. 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).
There currently are no effective adverse determinations of the USPTO, the United States Copyright Office, or any court regarding our copyrighted materials. Our license with PSW, LLC
also covers copyrighted materials and confidential information. No other agreement limits our right to use or allow others to use copyrighted materials. We do not actually know of any infringing uses of our copyrights that could materially affect your use of our copyrighted materials in any state.
We and PSW, LLC need not protect or defend copyrights, although we intend to do so if in the Potbelly system's best interests. We need not defend you, or participate in your defense, against claims arising from your use of our copyrights or indemnify you for expenses or damages you incur in a copyright proceeding. We and PSW, LLC have the right to control the prosecution or defense of any copyright proceeding, whether we learn of the matter from you or on our own.
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, the company and PSW, LLC claim copyrights in several items related to the operation of Potbelly Shops. These include the Operations Manual, which contains 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.
Potbelly Sandwich Works and PSW, LLC have not registered these copyrights with the United States Copyright Office, but they believe that registration is not currently necessary to protect them. Franchisees are permitted to use these copyrighted items only as specified by Potbelly Sandwich Works and must cease using them if directed to do so.
It's important to note that Potbelly Sandwich Works and PSW, LLC are not obligated to protect or defend these copyrights, although they intend to do so if it is in the best interest of the Potbelly system. Additionally, they are not required to defend franchisees or indemnify them against claims arising from the use of these copyrights. Potbelly Sandwich Works and PSW, LLC retain the right to control the prosecution or defense of any copyright proceeding, regardless of how they become aware of the matter.