Does Benihana grant franchisees the right to use any items covered by a patent or copyright?

[Item 14: PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION]

You do not receive the right to use any item covered by a patent or copyright, but you must use the proprietary information contained in our Manual and that you receive in training. The Manual and the specifics on your use of the Manual are described in the Franchise Agreement. Although we are in the process of filing applications and have filed applications for copyright registration, we claim copyright protection for the Manual, software, and other materials we give you for your use or for public dissemination, other proprietary information and publications we own or have acquired under license from a third party, and everything concerning operating procedures. All of this is our proprietary intellectual property. The following chart lists information regarding the registration of copyrights registered with the U.S. Copyright Office:

We will disclose to you certain confidential or proprietary information and trade secrets. Except as is necessary for the operation of your BENIHANA Restaurant and as we approve, you may not, during the term or at any time after the expiration or termination of the Franchise Agreement, regardless of the cause of termination, directly or indirectly, use for your own benefit or communicate or divulge to or use for the benefit of any other person or entity, any trade secrets, confidential information, knowledge or know-how concerning the services, advertising, marketing, designs, plans, or methods of operation of the BENIHANA Restaurant or the BENIHANA System. You may disclose to your employees only that confidential, proprietary or trade secret information as is necessary to operate the business and then only while the Franchise Agreement is in effect. All information, knowledge, or know-how, including materials, equipment, marketing, electronic technology, and other data that we designate as secret or confidential, will be deemed secret and confidential for purposes of the Franchise Agreement.

All personnel having access to any of our Confidential Information must maintain the confidentiality of information they receive in connection with their employment by you. You may be required to have such personnel sign agreements or covenants in a form satisfactory to us, including specific identification of us as a third-party beneficiary of the covenants with the independent right to enforce them, prior to disclosing Confidential Information to them.

You must also promptly tell us when you learn about the unauthorized use of any Confidential Information or any other proprietary information. We are not obligated to take any action, but we will respond to your notification of unauthorized use as we think appropriate.

Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 55–57)