Does the definition of 'Confidential Information' for Beyond Juicery Eatery include trade dress?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
n any Action under these laws; (3) neither Developer nor any individual or entity owning directly or indirectly any interest of Developer or their respective affiliates or the funding sources for the foregoing is directly or indirectly owned or controlled by the government of a county that is subject to an embargo imposed by the United States Government, nor acting on behalf of a government; (4) has taken all reasonable measures to ensure compliance with all OFAC Laws and Regulations ; and (5) Developer shall take all reasonable measures to continue compliance with all OFAC Laws and Regulations during the Term of this Agreement.
- (9) Developer and Principal Owners, and Developer's officers, directors, shareholders, partners, members, and managers, (if any) acknowledge that their respective entire knowledge of the operation of a Beyond Juicery + Eatery Restaurant and the System, including without limitation the knowledge or know-how regarding the Standards and Specifications and operating procedures of the services and activities, is derived from information we disclose to you and that certain information is proprietary, confidential, and constitutes our Trade Secrets. You and your Principal Owners, officers, directors, shareholders, partners, members, and managers (if any), jointly and severally, agree that at all times during and after the Term of this Agreement, you will maintain the absolute confidentiality of all such proprietary information and will not disclose, copy, reproduce, sell or use any such information in any other business or in any manner not specifically authorized or approved in advance in writing by us.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, trade dress is considered a trademark. The FDD excerpts state that certain information is proprietary, confidential, and constitutes trade secrets. This information includes knowledge regarding the standards, specifications, and operating procedures of the services and activities of Beyond Juicery Eatery. Franchisees must maintain the absolute confidentiality of all proprietary information and not disclose, copy, reproduce, sell, or use any such information in any other business or manner not specifically authorized or approved in writing by Beyond Juicery Eatery.
Beyond Juicery Eatery requires franchisees to obtain nondisclosure and confidentiality agreements and covenants not to compete from key employees. This ensures that the confidential information, including trade dress, remains protected both during and after the term of the franchise agreement. The franchisor also discloses concepts and developments of other franchisees that are made part of the system, further emphasizing the importance of maintaining confidentiality within the franchise network.
Beyond Juicery Eatery's franchise agreement also states that the franchisee acknowledges that the franchisor would be unable to protect the trade secrets and other confidential information against unauthorized use or disclosure and would be unable to encourage a free exchange of ideas and information among Beyond Juicery Eatery franchisees if confidentiality was not maintained. This highlights the critical role of confidentiality in preserving the brand's competitive advantage and fostering collaboration within the franchise system.