factual

What sections of the Bumper Man Franchise Agreement address trademarks and proprietary information?

Bumper_Man Franchise · 2025 FDD

Answer from 2025 FDD Document

[Item 14: PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION]

ITEM 14 PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION

Patents.

You do not receive the right to use any item covered by a patent, and there are no pending patent applications that are material to the franchise.

Copyrights.

We do not own any registered copyrights and do not have any pending copyright application that is material to the franchise. However, we claim copyright protection for our Manual, for promotional literature related to our franchise program, and for the Bumper Man URL and all social media and mobile application sites and platforms. See Item 11, Confidential Manual.

We also claim copyright protection in the Bumper Man invoicing software installed on the iPad Mini we loan to you for the operation of your Bumper Business, which is our proprietary software. See Item 11, Technology.

Confidential and Proprietary Information and Trade Secrets.

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

(b) Non-Disclosure of Confidential Information. Franchisee and its Principals each acknowledges that Franchisor may provide Franchisee and its Principals with Confidential Information that derive value from not being generally known in the industry that are reasonably necessary for the operation of the Bumper Business and that Franchisee has entered into this Agreement in order to use such Confidential Information to the economic benefit of Franchisee. Franchisor will take reasonable steps to mark as "confidential" or "proprietary" any Confidential Information that it deems as such, but the failure to mark such Confidential Information will not cause it to be public information. Franchisee and each of its Principals will not use, duplicate or disclose to others any Confidential Information except as expressly authorized by Franchisor in writing and will implement measures to maintain the confidentiality of such Confidential Information that is no less strict than the measures Franchisee uses with its own confidential information. To the extent that any Confidential Information is to be provided to Franchisee's advisors, representatives, agents or any Personnel, each of them must use such Confidential Information solely in connection with their respective roles with the Bumper Business.

  • (d) Disassociation in Communication Methods. Franchisee will, at Franchisor's option, assign to Franchisor (or its designee) or cancel any electronic mail address, domain name, search engine, website, or Social Media account that associates Franchisee with Franchisor, the Bumper Business, System, or Marks. Franchisee will notify the telephone company and all telephone directory publishers of the expiration or termination of Franchisee's right to use any telephone, telecopy, or other numbers and any telephone directory listings associated with any Mark, authorize the transfer of such numbers and directory listings to Franchisor in accordance with Exhibit G, or, at Franchisor's direction, instruct the telephone company to forward all calls made to Franchisee's telephone numbers to numbers Franchisor specifies.
  • (e) Other De-Identification Obligations. Franchisee will promptly make such alterations as Franchisor specifies in the Manual or otherwise to distinguish the Bumper Business clearly from its former appearance and from other Bumper Man businesses so as to prevent confusion therewith to the public (e.g. remove Bumper Man vehicle wrap). Within 30 days from the effective date of expiration or termination of this Agreement, Franchisee will deliver to Franchisor all Brand Property (including without limitation the tablet used in connection with the operation of the Bumper Business and Bumper Man tools) and all other signs, vehicle wraps, advertising and promotion materials, forms and other materials containing any Mark or otherwise identifying or relating to a Bumper Business and allow Franchisor, without liability to Franchisee or third parties, to remove all such items from the Bumper Business. Franchisee will be responsible for all costs and expenses it incurs in complying with this Section 19(e) and furnish to Franchisor, within 30 days from the effective date of expiration or termination of this Agreement, with evidence satisfactory to Franchisor of its compliance with the foregoing obligations.

Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 20–21)

What This Means (2025 FDD)

According to the 2025 Bumper Man Franchise Disclosure Document, Item 14, titled "PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION," addresses these topics. This section defines confidential information as knowledge, trade secrets, trade dress, methodologies, techniques, procedures, applications, and materials related to the Bumper Man system. It also covers standards, specifications, manuals, services, products, designs, devices, tools, pricing, technology, point of sale systems, computer software, advertising, marketing, promotional programs, customer reward programs, and customer data.

Item 14 states that a franchisee does not receive rights to use any item covered by a patent. Bumper Man claims copyright protection for its Manual, promotional literature, the Bumper Man URL, social media, and mobile application sites. They also claim copyright protection in the Bumper Man invoicing software installed on the iPad Mini that is loaned to the franchisee.

Additionally, Item 23 of the Bumper Man Franchise Agreement addresses these topics. Specifically, section 17(b) discusses the non-disclosure of confidential information, requiring franchisees and their principals to protect this information. Section 19(d) covers the franchisee's obligations regarding communication methods upon disassociation, including assigning or canceling electronic addresses and social media accounts. Section 19(e) outlines de-identification obligations, such as altering the Bumper Business's appearance to prevent confusion and removing materials containing Bumper Man's marks.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.