Am I allowed to use Buona's proprietary information in any business other than my Buona franchise?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
Except in connection with the operation of your Buona Business, you must not use any proprietary information or trade secret without our written permission. You must immediately tell us if you learn about unauthorized use of this proprietary information. We are not obligated to take any action, but we will respond to this information as we deem appropriate. We will control any litigation related to the proprietary information. We will indemnify you against losses claimed by a third party concerning your authorized use of this information.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 50–51)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, franchisees are generally prohibited from using Buona's proprietary information or trade secrets outside of their franchised Buona Business without prior written permission from Buona. This restriction is in place to protect Buona's competitive advantage and maintain the confidentiality of its operational methods, recipes, and other key business practices.
The FDD defines proprietary information broadly, including the contents of the Manual, standards, specifications, management systems, recipes, menus, techniques, and financial information. Buona considers these elements crucial trade secrets that provide a substantial competitive edge. Franchisees must also prevent their employees from using the Buona system or marks in any business that is substantially similar to a Buona Business.
If a franchisee learns of any unauthorized use of Buona's proprietary information, they are obligated to inform Buona immediately. While Buona is not obligated to take action, they will respond as they deem appropriate and will control any related litigation. However, Buona will indemnify franchisees against losses claimed by a third party concerning the franchisee's authorized use of this information within their Buona franchise.