Can Carbones Pizzeria seek an injunction against a franchisee who divulges recipes?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
- c. Franchisee acknowledges and agrees that any breach of this Section 10 will damage Franchisor in a manner which will not be readily susceptible to calculation; accordingly, Franchisee agrees that the unauthorized disclosure of the Secret Recipes will cause Franchisor irreparable harm and that accordingly injunctive relief (directed against Franchisee and any of Franchisee's owners, officers, directors, shareholders, partners, joint venturers, affiliates, agents, employees, or former agents or employees) may be sought by Franchisor to prevent such irreparable damages.
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, Carbones Pizzeria can seek an injunction against a franchisee who divulges secret recipes. The FDD states that the unauthorized disclosure of secret recipes will cause irreparable harm to Carbones Pizzeria, allowing them to seek injunctive relief against the franchisee and related parties to prevent such damages. This injunctive relief can be directed against the franchisee, their owners, officers, directors, shareholders, partners, joint venturers, affiliates, agents, employees, or former agents or employees.
Carbones Pizzeria considers its recipes to be trade secrets and takes measures to protect them. Franchisees must limit access to the secret recipes to only those employees who need to know them for their job functions. Franchisees must also ensure that employees or owners sign an agreement to maintain the secrecy of the recipes before revealing them. Additionally, franchisees must keep all copies of the recipes locked in a secure container when not in use, accessible only to restaurant managers or owners.
This provision highlights the importance Carbones Pizzeria places on protecting its proprietary information. A prospective franchisee should understand that any unauthorized disclosure of the secret recipes could lead to legal action, including an injunction, which could significantly impact their business operations. Franchisees must implement strict procedures to safeguard the recipes and ensure that all employees and owners are aware of their confidentiality obligations.