Does Potbelly Sandwich Works have any patents material to the franchise?
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, no patents or patent applications are material to the franchise. However, Potbelly Sandwich Works and PSW, LLC claim copyrights in 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. These copyrights have not been registered with the United States Copyright Office, but Potbelly Sandwich Works and PSW, LLC do not believe registration is currently necessary to protect them. Franchisees are permitted to use these copyrighted items only as specified by Potbelly Sandwich Works while operating their Shop and must stop using them if directed to do so.
Potbelly Sandwich Works states that there are currently no effective adverse determinations from the USPTO, the United States Copyright Office, or any court regarding their copyrighted materials. Their license with PSW, LLC also covers copyrighted materials and confidential information. Potbelly Sandwich Works does not know of any infringing uses of their copyrights that could materially affect a franchisee's use of the copyrighted materials in any state.
Potbelly Sandwich Works and PSW, LLC are not obligated to protect or defend copyrights, although they intend to do so if it is in the best interests of the Potbelly system. They are also not required to defend franchisees or participate in their defense against claims arising from the use of their copyrights, nor are they required to indemnify franchisees for expenses or damages incurred in a copyright proceeding. Potbelly Sandwich Works and PSW, LLC have the right to control the prosecution or defense of any copyright proceeding, regardless of how they learn of the matter.