Does Carbones Pizzeria know of any patent or copyright infringement that could materially affect a franchisee's use of copyrighted items?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
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 Carbones Pizzeria's 2025 Franchise Disclosure Document, Carbones Pizzeria does not know of any patent or copyright infringement that could materially affect a franchisee's use of items in which they claim copyright protection. However, Carbones Pizzeria has no obligation to protect their recipes or proprietary information, nor do they have any obligation to defend or indemnify the franchisee for their use of these items. As a condition to considering what action, if any, to take, the franchisee must notify Carbones Pizzeria immediately of an infringement claim.
If there is litigation, Carbones Pizzeria will have the right to control it. Carbones Pizzeria can also require the franchisee to modify or discontinue their use of any recipes or other items in which they claim copyright protection. The franchisee will be responsible for all costs incurred based on any modifications, substitutions, or discontinuations.
While Carbones Pizzeria claims common law copyright protection in all of their proprietary information, including their recipes and manuals, they have not sought copyright protection at the United States Patent and Trademark Office or the United States Copyright Office for any of these items. Carbones Pizzeria also considers these recipes to be "Trade Secrets" within the meaning of the Uniform Trade Secrets Act, and any applicable state trade secret law.