Besides the Manuals, does Buff City Soap own any patents or copyrights material to the Makery?
Buff_City_Soap Franchise · 2025 FDDAnswer from 2025 FDD Document
Other than our copyright in our Manuals and the copyrights listed below, we do not own any patents or copyrights and have no pending patent applications material to your Makery.
We own certain proprietary information that constitutes trade secrets that you may use in the operation of your Makery, which includes, without limitation, the Standards; the Manuals; any components and ingredients, formulae and formulations applicable to Products; our or our affiliate's product and raw materials sourcing, pricing, manufacturing, inventory management and control, supply and distribution; technology, point of sale, and related computer software; advertising, marketing and promotional programs including gift card, loyalty and customer reward programs; Customer Data; financial data and statements; training and operational methodology content (including without limitation inventory and financial controls) and management programs; and any other information or data regarding the business of us or any of our affiliates that would reasonably be considered the proprietary or confidential information of us or our affiliates. You will have the right to use the proprietary information contained in the Manuals. Although we have not (yet) registered our copyright in the Manuals, we do claim copyrights in them, and the information contained in them does constitute proprietary information. You must protect our proprietary information from unauthorized use and disclosure and must require your Operator and General Manager to sign confidentiality agreements in the form we require, as detailed in Item 15. You must tell us promptly when you learn about any unauthorized use of the Manuals, or the information contained in it. We have no obligation to take any action in that event; however, we will respond as we consider appropriate.
There are no currently effective material determinations of the United States Copyright Office or any court, or any pending material proceeding that would affect our copyrights. We have no agreements that would limit our right to license the use of any existing or future patents, copyrights or proprietary information. Although not obligated under any express provision of the Franchise Agreement, we intend to protect our rights in our existing and future patents, copyrights and proprietary information.
If anyone institutes or threatens litigation involving any of our patents, copyrights or proprietary information against you, you must notify us promptly and cooperate fully with us in defending or settling the litigation.
We will have control over the defense and settlement of any administrative proceeding or litigation regarding any patents, copyrights or proprietary information relating to the System. You also must notify us immediately when you learn about any infringing use of our patents, copyrights or proprietary information or any challenge to your use of our patents, copyrights or proprietary information.
Source: Item 13 — TRADEMARKS (FDD pages 46–48)
What This Means (2025 FDD)
According to the 2025 Buff City Soap Franchise Disclosure Document, besides the copyright in their manuals, Buff City Soap does not own any patents or copyrights material to the Makery, nor do they have any pending patent applications. However, Buff City Soap does own proprietary information that constitutes trade secrets that franchisees may use in the operation of their Makery. This includes the Standards, Manuals, components and ingredients, formulae and formulations applicable to Products, product and raw materials sourcing, pricing, manufacturing, inventory management and control, supply and distribution, technology, point of sale, and related computer software, advertising, marketing and promotional programs including gift card, loyalty and customer reward programs, Customer Data, financial data and statements, training and operational methodology content (including without limitation inventory and financial controls) and management programs, and any other information or data regarding the business of Buff City Soap or any of its affiliates that would reasonably be considered the proprietary or confidential information of Buff City Soap or its affiliates.
Buff City Soap claims copyrights in the manuals, even though they have not yet registered them. Franchisees have the right to use the proprietary information contained within the manuals. Franchisees must protect Buff City Soap's proprietary information from unauthorized use and disclosure and must require their Operator and General Manager to sign confidentiality agreements. Franchisees must notify Buff City Soap promptly if they learn about any unauthorized use of the Manuals, or the information contained in it. However, Buff City Soap has no obligation to take any action in that event; however, they will respond as they consider appropriate.
If anyone institutes or threatens litigation involving any of Buff City Soap's patents, copyrights, or proprietary information against a franchisee, the franchisee must notify Buff City Soap promptly and cooperate fully with them in defending or settling the litigation. Buff City Soap will have control over the defense and settlement of any administrative proceeding or litigation regarding any patents, copyrights, or proprietary information relating to the System. Franchisees also must notify Buff City Soap immediately when they learn about any infringing use of their patents, copyrights, or proprietary information or any challenge to their use of their patents, copyrights, or proprietary information.