Does the definition of 'Confidential Information' for Belocal include trademarks and trade secrets?
Belocal Franchise · 2025 FDDAnswer from 2025 FDD Document
"Confidential Information" means information and know-how, oral, visual or written, and documents relating to Franchisor, its affiliate, the Franchised Business, and any publication furnished by Franchisor or its affiliates, or representatives of Franchisor, to Franchisee. Franchisor's Confidential Information includes, without limitation, all trademarks, trade names, service marks, emblems, and indicia of origin used by Franchisor in connection with the operation of the Franchised Business, and all trade secrets or know-how, including, but not limited to, research, plans, products, services, customer lists, supplier information, advertisers, business plans, marketing data and materials, software, electronic code, forms, processes, methods of operation, strategic information, financial information, manuals, and other business information disclosed to Franchisee by Franchisor or its representatives, as well as any data stored on or within the IT Systems.
Source: Item 22 — CONTRACTS (FDD page 71)
What This Means (2025 FDD)
According to Belocal's 2025 Franchise Disclosure Document, the definition of "Confidential Information" explicitly includes trademarks and trade secrets. This definition encompasses a wide array of information and know-how, whether it is oral, visual, or written, and all documents pertaining to Belocal, its affiliates, the franchised business, and any publication provided by Belocal or its representatives to the franchisee.
Specifically, Belocal's confidential information includes, but is not limited to, all trademarks, trade names, service marks, emblems, and indicia of origin used by Belocal in connection with the operation of the franchised business. It also covers all trade secrets or know-how, including research, plans, products, services, customer lists, supplier information, advertisers, business plans, marketing data and materials, software, electronic code, forms, processes, methods of operation, strategic information, financial information, manuals, and other business information disclosed to the franchisee by Belocal or its representatives, as well as any data stored on or within the information technology systems.
For a prospective Belocal franchisee, this means that they are obligated to protect all of the listed information. Unauthorized use or disclosure of this information could lead to legal repercussions, including termination of the franchise agreement. Franchisees must understand the breadth of this definition and take appropriate measures to safeguard all confidential information provided to them by Belocal.