Does the definition of Confidential Information for Bumper Man include trade dress?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
Confidential Information means any and all information, knowledge, know-how, trade secrets, trade dress, methodologies, techniques, procedures, applications and materials, in whatever form, used in or related to the Bumper Man system which we provide to you, or which you or your affiliates or personnel develop or have access to, in connection with this Agreement or the operation of a Bumper Business hereunder, including, without limitation, the standards and specifications for the operation of a Bumper Business; the Manual; any services, products, designs, devices and tools (including the Hook Bar Tool), specifications, procedures, and techniques which are not in the public domain or generally known in the automotive collision repair industry and such other information and material as we may designate as confidential will be deemed confidential and trade secret for purposes of this Agreement; our pricing, technology, point of sale, and related computer software; advertising, marketing and promotional programs including customer reward programs; Customer Data; financial
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 31–32)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, the definition of Confidential Information explicitly includes trade dress. This means that the look and feel of the Bumper Man system, as well as other confidential information, is protected. As a franchisee, you are obligated to maintain the confidentiality of this information.
The FDD specifies that Confidential Information encompasses a wide array of elements related to the Bumper Man system. This includes, but isn't limited to, knowledge, know-how, trade secrets, methodologies, techniques, procedures, applications, and materials. The standards and specifications for operating a Bumper Business, the Manual, services, products, designs, devices, tools, specifications, procedures, and techniques not in the public domain are also considered confidential. This extends to pricing, technology, point of sale systems, computer software, advertising, marketing, promotional programs, customer reward programs, Customer Data, financial data, statements, training, operational methodology content, management programs, and any other business information reasonably considered proprietary or confidential.
As a Bumper Man franchisee, you and your personnel must keep all Confidential Information private, both during and after the franchise agreement. You can only share this information with employees who need it to operate the Bumper Business, and those employees must also sign confidentiality agreements. If you develop any improvements to the Bumper Man system, you must inform Bumper Man, and these improvements will become Bumper Man's property. This ensures that the Bumper Man system remains consistent and protected across all franchise locations.
Bumper Man does not grant franchisees any ownership interest or right with respect to any concepts, processes, or improvements created as a result of operating the Bumper Business. This is a fairly standard practice in franchising, as it allows the franchisor to maintain control over the brand and system standards. Franchisees should be aware of these obligations and restrictions regarding confidential information and intellectual property.