What is considered proprietary and confidential information for a Best Brains franchise?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
We and our affiliates claim copyright protection of our Operations Manual and related materials although these materials have not been registered with the United States Registrar of Copyrights. The Operations Manual and related materials are considered proprietary and confidential and are considered the property of us and our affiliates and may be used by you only as provided in the Franchise Agreement. You may not use our confidential information in any unauthorized manner and must take reasonable steps to prevent its disclosure to others.
You will be entitled to use of the copyrighted and proprietary materials during the term of the franchise. There are no currently effective material determinations of the USPTO, the United States Copyright Office, or a court regarding the copyrighted materials. There are no agreements that significantly limit our rights to use or license the use of the copyrighted or proprietary materials. There is no provision in the Franchise Agreement specifically obligating us to protect your rights to use of the proprietary or copyrighted materials, but we will respond to this information as we deem appropriate. There are no infringing uses known to us which would materially affect your use of the proprietary and/or copyrighted materials.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD page 30)
What This Means (2025 FDD)
According to the 2025 Best Brains FDD, the Operations Manual and related materials are considered proprietary and confidential information. Best Brains and its affiliates own this information, and franchisees are only allowed to use it as outlined in the Franchise Agreement.
As a Best Brains franchisee, you are prohibited from using this confidential information in any way that isn't authorized. You must also take reasonable steps to make sure that this information isn't disclosed to unauthorized parties.
During the term of the franchise agreement, franchisees are allowed to use the copyrighted and proprietary materials. However, Best Brains does not have a specific obligation within the Franchise Agreement to protect a franchisee's right to use the proprietary or copyrighted materials, but the company states that it will respond to this information as it deems appropriate.