If Carbones Pizzeria claims copyright protection, what action can they require of the franchisee?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
We do not own rights in, or licenses to, any patents or copyrights that are material to the franchise.
Although we claim common lawn copyright protection in all of our proprietary information including our recipes and manuals we have not sought copyright protection at the United states Patent and Trademark Office or the United States Copyright Office for any of these items. We also consider these recipes to be "Trade Secrets" within the meaning of the Uniform Trade Secrets Act, and any applicable state trade secret law.
You may not disclose any of our recipes or other confidential and proprietary information to other than your employees and then only as is necessary for the proper operation of your Restaurant. You may not make any copies of such recipes except as necessary to operate your Restaurant and you must maintain the recipes locked in a secure container that only you and your restaurant manager have excess.
You may not change any of our recipes without our consent and you may not divulge, discuss or reveal them to anyone except as permitted by the Franchise Agreement. If you divulge, discuss or reveal any of the recipes to an individual that we have not authorized we can seek an injunction against you and all your affiliates and can ask the court to award actual damages sustained.
We do not know of any patent or copyright infringement that could materially affect your use of any items in which we claim copyright protection. We have no obligation to protect our recipes or proprietary information or to defend your right to use these materials nor do we have any obligation to defend or indemnify you for your use of these items. However, as a condition to considering what action, if any, to take, you must notify us immediately of an infringement claim. If there is litigation we will have the right to control it. We can also require you to modify or discontinue your use of any recipes or other items in which we claim copyright protection. You will be responsible for all costs you incur based on any modifications, substitutions or discontinuations.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 22–23)
What This Means (2025 FDD)
According to the 2025 Carbones Pizzeria Franchise Disclosure Document, while Carbones Pizzeria claims common law copyright protection in its proprietary information, including recipes and manuals, it has not sought copyright protection at the United States Patent and Trademark Office or the United States Copyright Office for these items. Carbones Pizzeria also considers these recipes to be "Trade Secrets" under the Uniform Trade Secrets Act. As such, a franchisee may not disclose any of the recipes or other confidential and proprietary information to anyone other than their employees, and only when necessary for restaurant operation.
The Carbones Pizzeria franchisee cannot make copies of the recipes except as needed for operation and must keep them locked in a secure container accessible only to the franchisee and restaurant manager. The franchisee is prohibited from changing any recipes without consent or revealing them to unauthorized individuals. If a franchisee divulges recipes to an unauthorized individual, Carbones Pizzeria can seek an injunction and damages against the franchisee and their affiliates.
Carbones Pizzeria does not have any obligation to protect its recipes, proprietary information, or the franchisee's right to use these materials, nor are they obligated to defend or indemnify the franchisee for their use. However, the franchisee must immediately notify Carbones Pizzeria of any infringement claim as a condition for Carbones Pizzeria considering any action. Carbones Pizzeria retains the right to control any litigation. Carbones Pizzeria can also require the franchisee to modify or discontinue the use of any recipes or other items in which they claim copyright protection, with the franchisee responsible for all associated costs.