Who Owns the Reviews? Google Profiles, Digital Assets and the IP Franchisors Forget

Published by Bane Legal Services – Australia’s Legal Matchmaking Service for Franchisors

Your franchisee leaves the network, rebrands, keeps operating — and somehow takes the five-star Google reviews with them. No logo. No signage. Just a new business name, a smile, and your online reputation still generating leads.

So what exactly happened?

And more importantly — can you stop it from happening again?

In the digital age, franchisors must start thinking of online reviews and business profiles as part of their intellectual property toolkit. Because if you don’t protect it, someone else might inherit it — with a few tweaks, a new ABN, and no clear legal breach.

Disclaimer: This blog is for general informational purposes only. It does not constitute legal advice and should not be relied upon as such. Always seek advice from one of our Bane Legal Services referral partners, our panel of qualified legal professionals tailored to your specific circumstances.

Are Google Reviews Part of a Franchise’s Intellectual Property?

Short answer: They can be. But only if you're proactive.

While Google Business Profiles, social media accounts, and online reviews aren’t always neatly captured under classic IP categories like trademarks or registered logos, they are increasingly recognised as digital assets — and assets can be protected.

Here’s how the law might frame it:

🧠 Copyright

The text in reviews — particularly detailed or creative feedback — may attract copyright protection. While the reviewer technically holds that copyright, the franchisor can argue that the platform (Google) and the context (brand association) links that IP to the business identity.

™️ Trademark & Brand Association

If reviews mention your brand, products or services, they may build up what lawyers call “reputation” or “goodwill” — both of which fall under trademark law. That’s valuable in any dispute about misuse of identity or misleading conduct.

💻 Digital Assets

Google profiles, Canva templates, Facebook pages, booking portals — all of these are now essential parts of how a brand shows up online. If your franchise agreement doesn’t claim ownership or set control rules, a franchisee might simply… keep them.

When Digital Goodwill Walks Out the Door

In a real-world case, a former franchisee:

• Created a loyal customer base

• Attracted dozens of glowing Google reviews

• Then left, rebranded, and kept the same profile

No logos. No breach of IP on the surface.

But all of the goodwill — built while part of the franchise — was now fuelling a new, unaffiliated business.

That left the franchisor asking:

Did we just lose our online reputation in the split?

What Can the Law Do? (And What It Often Doesn’t)

Let’s be clear: this is a grey zone — not a slam-dunk legal claim. But here’s what lawyers might explore:

Legal Concept	How It Applies
Breach of Contract	Did your franchise agreement clearly state that all goodwill — including online reviews — belongs to the franchisor? If not, you’re relying on implication.
Misleading or Deceptive Conduct (ACL s18)	Are consumers likely to think the ex-franchisee is still part of your brand? If so, you may have a claim — but it’s hard to prove without confusion in branding.
Intellectual Property	If the digital profile doesn’t use your trademarks, logos, or creative assets, your IP protections may not apply — unless you’ve expanded your IP definitions in the agreement.
Breach of Restraint of Trade	If the ex-franchisee tweaks the services or branding, they may legally dodge your restraint clauses and stay in the same market.
Breach of Good Faith	If their conduct undermines your brand unfairly, you might have a claim — but this is rarely used alone in franchise disputes.
Tort of Conversion	You’d need to prove the Google profile was your commercial property. That’s a high bar in the digital world.

Conclusion? You could litigate — but most franchisors don’t.

The costs usually outweigh the gain — unless your whole brand identity is at stake.

How to Prevent a Digital Asset Disaster

Like most things in franchising, prevention is better than dispute resolution. Here’s a five-point digital IP checklist for franchisors:

1. Define Digital Assets in the Franchise Agreement

Explicitly list Google Business Profiles, Facebook pages, Instagram accounts, Canva libraries, email domains, etc., as part of the franchisor’s IP or licensed assets.

2. Control the Credentials

Franchisors should create all business profiles using central, franchisor-owned email accounts. Franchisees get access — not ownership.

3. Include Clear Exit Clauses

Your agreement and operations manual should cover what happens to digital assets upon termination — including who keeps what, and what must be deleted or transferred.

4. Add a Digital Asset Policy

Keep this updated. New platforms emerge every year (hello Threads and AI-generated reviews). Make sure your system evolves with the market.

5. Educate from Day One

Franchisees must understand they’re building value for the brand — not for themselves. Your online presence is a system asset, not a side hustle.

The Future of IP in Franchising (Yes, AI is Coming Too)

With AI-generated content, automated reviews, chatbot responses and digital twins of logos already entering the market, intellectual property in franchising is getting more complex. Franchisors must now think ahead — and start protecting digital assets that didn’t exist a decade ago.

Online content — whether reviews, booking systems, or AI tools — can and should be included in your IP protection and operational policies. If your franchise agreement is silent on this, it’s not just old-fashioned — it’s risky.

Need a Digital Asset Clause Review?

Bane Legal Services is not a law firm, but we are Australia’s trusted legal matchmaking service for franchisors.

We connect you with lawyers who:

• Upgrade franchise agreements to reflect modern realities

• Draft enforceable clauses for digital IP and goodwill

• Help resolve disputes over assets like Google reviews

• Guide franchisors through Code-compliant terminations and exits

With over 30 years in franchising, commercial growth, and legal strategy, we’ll connect you with the lawyer best suited to your situation — without the confusion, delay, or mismatched billables.

Book a confidential legal matchmaking consult at BaneLegalServices.com