Is Benihana required by any agreement to protect or defend its copyrights?

According to Benihana's 2024 Franchise Disclosure Document, Benihana is not obligated by any agreement to protect or defend its copyrights. However, Benihana claims copyright protection in its Manual, related materials, and advertisement and promotional materials, even though these have not been registered with the United States Registrar of Copyrights. These materials are considered Benihana's proprietary and confidential property, and franchisees are permitted to use them only as outlined in the Franchise Agreement.

As a Benihana franchisee, you must treat the Manual and all other materials created or approved for use in the restaurant's operation as confidential. Franchisees are expected to make all reasonable efforts to keep this information secret and confidential, and are prohibited from copying, duplicating, recording, or reproducing these materials, or making them available to unauthorized individuals. The Manual remains Benihana's sole property and must be stored securely at the franchisee's place of business. Benihana may revise the contents of the Manual, and franchisees must comply with each new or changed standard, keeping the Manual current at all times. In case of disputes, the terms of the master copy maintained by Benihana will be controlling.

While Benihana is not obligated to take action regarding unauthorized use of confidential information, franchisees are required to promptly inform Benihana upon learning of any such unauthorized use or other proprietary information breaches. Benihana will then respond as it deems appropriate. This places the onus on the franchisee to be vigilant in protecting Benihana's confidential information, even though Benihana is not contractually bound to take protective or defensive action regarding its copyrights.