Does the definition of 'Confidential Information' for Beyond Juicery Eatery include logos?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
Trademarks or Marks – certain trademarks, trade names, trade dress, service marks, emblems and indicia of origin designated by us from time to time for use in connection with the operation of the Franchised Restaurants pursuant to the System in the Territory, including, without limitation, "Beyond Juicery + Eatery."
Trade Secrets – information in any form (including, but not limited to, materials and techniques, technical or non-technical data, formulas, patterns, compilations, recipes, programs, devices, methods, techniques, drawings, processes, financial data, financial plans, product plans, passwords, lists of actual or potential customers or suppliers) related to or used in the Restaurant(s) that is not commonly known by or available to the public and that information: (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to the 2025 Beyond Juicery Eatery Franchise Disclosure Document, the definition of confidential information includes trademarks, trade names, trade dress, service marks, emblems, and indicia of origin. These are designated by Beyond Juicery Eatery for use in connection with the operation of the franchised restaurants. The brand name "Beyond Juicery + Eatery" is specifically mentioned as an example.
Beyond Juicery Eatery also considers trade secrets as confidential information. Trade secrets include information in any form, such as materials, techniques, technical or non-technical data, formulas, patterns, compilations, recipes, programs, devices, methods, techniques, drawings, processes, financial data, financial plans, product plans, passwords, and lists of customers or suppliers. This information must not be commonly known or available to the public, derive economic value from being secret, and be subject to reasonable efforts to maintain its secrecy.
Logos are not explicitly mentioned in the definition of trade secrets. However, the FDD states that Beyond Juicery Eatery owns all rights, titles, and interests in the trademarks and the goodwill associated with them. Franchisees cannot contest the ownership or validity of the trademarks and any goodwill arising from the use of trademarks inures exclusively to Beyond Juicery Eatery. The license granted to franchisees to use the trademarks is non-exclusive, and Beyond Juicery Eatery retains all rights relating to the trademarks, including the right to grant other licenses and develop other concepts using the trademarks, logos, and other identifying characteristics.
Therefore, while logos are not explicitly defined as confidential information, they are protected as trademarks and are subject to the same restrictions and protections as other confidential information related to the Beyond Juicery Eatery system. A prospective franchisee should seek clarification from the franchisor regarding the specific usage guidelines and restrictions on logos to ensure compliance with the franchise agreement.