What is included in the definition of 'Intellectual Property' for a Beverly Anns Cookie franchise?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
anchisee Territory"* means the territory granted to you pursuant to a franchise agreement with us.
"Intellectual Property" means, collectively or individually, our Marks, Copyrights, Know-how, and System.
"Know-how" means all of our trade secrets and other proprietary information relating to the development, construction, marketing, and/or operation of a Beverly Ann's Business, including, but not limited to, methods, techniques, specifications, proprietary practices and procedures, policies, marketing strategies, and information comprising the System and the Manual.
"Manual" means our confidential operations manual for the operation of a Beverly Ann's Business, which may be periodically modified by us.
"Marks" means the logotypes, service marks, and trademarks now or hereafter involved in the operation of a Beverly Ann's Business, including "Beverly Ann's Cookie," and any other trademarks, service marks, or trade names that we designate for use by a Beverly Ann's Business. The term "Marks" also includes any distinctive trade dress used to identify a Beverly Ann's Business, whether now in existence or hereafter created.
"Prohibited Activities" means any or all of the following: (i) owning, operating, or having any other interest (as an owner, partner, director, officer, employee, manager, consultant, shareholder, creditor, representative, agent, or in any similar capacity) in a Competitive Business (other than owning an interest of five percent (5%) or less in a publicly-traded company that is a Competitive Business); (ii) diverting or attempting to divert any business from us (or one of our affiliates or franchisees);
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, the definition of "Intellectual Property" includes, collectively or individually, their Marks, Copyrights, Know-how, and System.
"Marks" are defined as the logotypes, service marks, and trademarks involved in the operation of a Beverly Ann's Business, including "Beverly Ann's Cookies," and any other trademarks, service marks, or trade names that they designate for use by a Beverly Ann's Business. The term "Marks" also includes any distinctive trade dress used to identify a Beverly Ann's Business, whether now in existence or hereafter created.
"Copyrights" means all works and materials for which Beverly Anns Cookie or their affiliate have secured common law or registered copyright protection and that they allow franchisees to use, sell, or display in connection with the marketing and/or operation of a Beverly Ann's Business or the solicitation or offer of a Beverly Ann's Cookie franchise, whether now in existence or created in the future.
"Know-how" means all of their trade secrets and other proprietary information relating to the development, construction, marketing, and/or operation of a Beverly Ann's Business, including, but not limited to, methods, techniques, specifications, proprietary practices and procedures, policies, marketing strategies, and information comprising the System and the Manual.
"System" means their system for the establishment, development, operation, and management of a Beverly Ann's Cookies Business, including Know-how, proprietary programs and products, Manual, and operating system.