What proprietary information can a Burneys Sweets More franchisee use?
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. We do not currently own any rights in any patents, patent applications, nor have we registered any copyrights that are material to the franchise business.
Our Brand Standards Manual and other materials contain our and our affiliates' confidential information (some of which constitutes trade secrets under applicable law) (the "Confidential Information"). This information includes any information, not generally known to the public, in any form, relating to the System and the Shop and its operations, including all trade secrets of the Shop; all knowledge, know-how, standards, methods, and procedures related to the establishment and operation of the Shop not generally known to the public; all records pertaining to customers, suppliers, and other service providers of, and/or related in any way to, the Shop (such as all names, addresses, phone numbers, e-mail addresses for customers and suppliers; customer purchase records and mail lists); product formulas and recipes, methods of production; electronic code, designs, marketing materials, and business, sales, and marketing strategies; financial information; databases; training materials; knowledge of the franchise system; and any other data and information that we or our affiliates designates as confidential, including all information contained in the Brand Standards Manual.
You must strictly limit your employees' access to the Confidential Information. You must share Confidential Information with them only to the extent they have a "need to know" to perform their jobs. All persons to whom you grant access to the Brand Standards Manual or any other Confidential Information and any person who attends any training program we conduct must sign our form of confidentiality agreement. You must use the Confidential Information only in the manner required by us. You must fully and strictly comply with all security measures required by us for maintaining the confidentiality of the Confidential Information.
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, franchisees can utilize specific proprietary information to operate their franchise. This includes the information contained within the Brand Standards Manual, the recipes, cooking and baking techniques, and the established business processes. Burneys Sweets More considers all of these elements as trade secrets, which are legally protected and owned by the company. While Burneys Sweets More has not filed for copyright registration for the Brand Standards Manual or recipes, they assert a copyright claim, emphasizing the proprietary nature of this information.
The Brand Standards Manual and related materials contain confidential information that is not generally available to the public. This encompasses various aspects of the Burneys Sweets More system and shop operations, such as trade secrets, knowledge, know-how, standards, methods, and procedures for establishing and running the shop. It also includes records pertaining to customers, suppliers, and other service providers, like names, addresses, contact details, purchase records, and mailing lists. Furthermore, product formulas, recipes, production methods, electronic code, designs, marketing materials, business strategies, financial information, databases, training materials, and knowledge of the franchise system are considered confidential.
Burneys Sweets More places restrictions on how franchisees can use this confidential information. Franchisees must limit their employees' access to the information, sharing it only on a need-to-know basis. Anyone granted access to the Brand Standards Manual or other confidential information, as well as anyone attending training programs, must sign a confidentiality agreement. Franchisees are required to adhere strictly to Burneys Sweets More's security measures to maintain the confidentiality of the information. Upon the termination or expiration of the franchise agreement, the franchisee's right to use this information ceases, and they are prohibited from using it in any manner.