Are the trademarks and logos of Beyond Juicery Eatery considered 'Confidential Information'?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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. We require that you obtain nondisclosure and confidentiality agreements and covenants not to compete in a form satisfactory to us from the individuals listed in the first sentence of this paragraph and other key employees.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to the 2025 Beyond Juicery Eatery FDD, the trademarks and logos are not explicitly defined as 'Confidential Information' but are closely related to trade secrets and proprietary information. While the definition of 'Trade Secrets' includes various forms of information not commonly known to the public that derive economic value from their secrecy, the trademarks themselves are treated as assets owned and controlled by Beyond Juicery Eatery IP, LLC.
The FDD emphasizes that franchisees acknowledge their knowledge of the Beyond Juicery + Eatery system, including standards, specifications, and operating procedures, is derived from information disclosed to them by Beyond Juicery Eatery. Certain information is considered proprietary, confidential, and constitutes trade secrets. Franchisees must maintain the absolute confidentiality of this proprietary information and are prohibited from disclosing, copying, reproducing, selling, or using it in any unauthorized manner.
Although the trademarks and logos are not directly labeled as 'Confidential Information' in the same way as 'Trade Secrets,' franchisees have a responsibility to protect the brand's trademarks and associated goodwill. The agreement specifies that all goodwill arising from the franchisee's use of the trademarks inures exclusively to Beyond Juicery Eatery IP, LLC. This implies that franchisees must handle the trademarks responsibly to maintain their value and reputation, even if they aren't explicitly bound by confidentiality regarding the marks themselves.
In summary, while the FDD does not state explicitly that the trademarks and logos are 'Confidential Information,' the broader context of trade secret protection, brand stewardship, and the franchisee's obligations to maintain the system's integrity suggests that franchisees must treat the trademarks and logos with a high degree of care and discretion.