Does Sonesta Simply Suites claim copyright protection for the Brand Manual?
Sonesta_Simply_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
affect your use of the Marks.
PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION
Neither we nor any of our affiliates own any patents, pending patent applications or registered copyrights that are material to the franchise. Although we have not filed an application for copyright registration for the Brand Manual, other written materials, or trade dress, we or our affiliates claim copyright protection for the Brand Manual, for any other written materials we develop to assist you in the development and operation of your Hotel, and the trade dress for Brand Hotels. You may use the copyrighted materials to operate your Hotel in accordance with Brand Standards during the term of the Franchise Agreement but you do not have any rights in those materials.
There are no determinations of the U.S. Copyright Office or any court, nor are there any pending infringement, opposition or cancellation proceedings or material litigation, involving the copyrighted materials which are relevant to their use by our franchisees. There are no agreements currently in effect that significantly limit our rights to use or license the use of the copyrighted materials in any material manner.
You must immediately notify us of any apparent infringement of or challenge to your use of any copyrighted materials. We may take any action we think appropriate (including no action), and at our option we may control any litigation or administrative proceeding.
You may not communicate with any other person regarding any such infringement, challenges, or claims and only we and our affiliates will have the right to handle disputes concerning the copyrighted materials. We and our affiliates will take the action we and they consider appropriate with respect to such challenges and claims. You must extend your full cooperation to us and our affiliates in these matters. You must sign any documents we believe are necessary to obtain protection for the copyrighted materials and assign to us any claims you may have related to these matters. Our decision as to the prosecution, defense and settlement of the dispute will be final.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 64–65)
What This Means (2025 FDD)
According to Sonesta Simply Suites' 2025 Franchise Disclosure Document, while they have not filed for copyright registration, Sonesta Simply Suites does claim copyright protection for the Brand Manual. They also claim copyright protection for any other written materials developed to assist franchisees in the development and operation of their hotels, as well as the trade dress for Brand Hotels.
The franchisee is permitted to use these copyrighted materials to operate their Sonesta Simply Suites hotel in accordance with the Brand Standards during the term of the Franchise Agreement. However, the franchisee does not acquire any ownership rights in these materials.
Sonesta Simply Suites requires franchisees to notify them immediately of any apparent infringement or challenge to the use of any copyrighted materials. Sonesta Simply Suites retains the right to take any action they deem appropriate regarding such infringements, including controlling any related litigation or administrative proceedings. The franchisee is obligated to cooperate fully with Sonesta Simply Suites in these matters and must sign any documents necessary to protect the copyrighted materials. Franchisees are not allowed to communicate with any other person regarding any infringement, challenges, or claims.