Does Burneys Sweets More claim a copyright on the Brand Standards Manual and recipes?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
You do not receive the right to use an item covered by a patent registration, but you can use the proprietary information in our Brand Standards Manual, our recipes, cooking and baking techniques, and business processes all of which are trade secrets owned by us. The Brand Standards Manual is described in Item 11. Although we have filed no applications for a copyright registration for the Brand Standards Manual and our recipes, we claim a copyright and the information is proprietary. Item 11 describes limitations on the use of this manual by you and your employees.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 37–39)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, while the company has not filed for copyright registration for its Brand Standards Manual and recipes, it does claim a copyright on them. This means that Burneys Sweets More considers these materials to be proprietary and protected under copyright law, even without formal registration. As a franchisee, you are granted the right to use the proprietary information within the Brand Standards Manual, recipes, cooking and baking techniques, and business processes, all of which are considered trade secrets owned by Burneys Sweets More.
The Brand Standards Manual and other materials contain confidential information, including trade secrets, knowledge related to the shop's operations, customer and supplier records, product formulas, recipes, electronic code, designs, marketing materials, and financial information. Franchisees must strictly limit employee access to this confidential information, sharing it only on a need-to-know basis, and ensure that anyone with access signs a confidentiality agreement. Franchisees must also comply with all security measures to maintain the confidentiality of this information.
Burneys Sweets More retains ownership of any innovations, ideas, or improvements related to shop operations, recipes, or products developed by the franchisee or their staff. Franchisees are required to assign all rights to these innovations to Burneys Sweets More and cooperate in protecting these intellectual property rights. Upon the expiration or termination of the Franchise Agreement, franchisees lose all rights to use the innovations, copyrights, and confidential information.
Prospective franchisees should understand that while they can use Burneys Sweets More's recipes and Brand Standards Manual, they do not own them and must protect their confidentiality. Any improvements or innovations made during the franchise term become the property of Burneys Sweets More. This is a fairly standard practice in franchising, where the franchisor seeks to maintain control over its brand and system-wide standards.