Under what conditions can a Potbelly Sandwich Works franchisee use the copyrighted items?
Potbelly_Sandwich_Works Franchise · 2025 FDDAnswer from 2025 FDD Document
You may use these items only as we specify while operating your Shop (and must stop using them if we so direct you).
All ideas, concepts, techniques, or materials concerning a Potbelly Shop, whether or not protectable intellectual property and whether created by or for you or your owners or Shop employees, must be promptly disclosed to us and will be considered our and PSW, LLC's sole and exclusive property, part of the Potbelly system, and works made-for-hire for us and PSW, LLC. To the extent any item does not qualify as a "work made-for-hire," you assign ownership of and all related rights to that item to us and PSW, LLC and must take whatever action (including signing assignment or other documents) we request to show our and PSW, LLC's ownership or to help us and PSW, LLC obtain intellectual property rights in the item.
You may not use our confidential information in an unauthorized manner. You must take reasonable steps to prevent its improper disclosure to others and use non-disclosure agreements with those having access. We may review and pre-approve the forms of non-disclosure agreements you use and will be a third-party beneficiary of those agreements with independent enforcement rights. You must keep copies of these agreements and send them to us upon request. Our right to review and pre-approve non-disclosure agreements is solely to ensure that you adequately protect confidential information. Under no circumstances will we control the forms or terms of employment agreements you use with Shop employees or otherwise be responsible for your labor relations or e
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, franchisees are permitted to use copyrighted items only as specified by the company while operating their shop. This usage must cease if Potbelly Sandwich Works directs them to do so. These copyrighted items include the Operations Manual, shop blueprints and design features, advertising and marketing materials, and menu boards.
Potbelly Sandwich Works and PSW, LLC claim ownership of all ideas, concepts, techniques, or materials related to the Potbelly Shop, regardless of who creates them. Franchisees must promptly disclose any such creations, which will be considered the sole property of Potbelly Sandwich Works and PSW, LLC. Franchisees may not use confidential information in an unauthorized manner and must take steps to prevent its disclosure, including using non-disclosure agreements with those who have access to the information.
Potbelly Sandwich Works retains the right to review and pre-approve the non-disclosure agreements used by franchisees to ensure adequate protection of confidential information. However, Potbelly Sandwich Works will not control the forms or terms of employment agreements with shop employees and will not be responsible for labor relations or employment practices.