What materials does Card My Yard claim copyright protection and proprietary rights in?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
e.
ITEM 14: PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION
We do not own any patents, and do not have any pending patent applications, that are material to the franchise. We do claim copyright protection and proprietary rights in the original materials used in the System, including our Manuals, bulletins, correspondence and communications with our franchisees, training, advertising and promotional materials, and other written materials relating to the operation of Card My Yard businesses and the Business System. We treat all of this information as trade secrets and you must treat any of this information we communicate to you confidentially.
There is no presently effective determination of the U.S. Copyright Office (Library of Congress) or any court affecting our copyrights. There is no currently effective agreement that limits our right to use and/or license our copyrights. We are not obligated by the Franchise Agreement, or otherwise, to protect any rights you have to use the copyrights. We have no actual knowledge of any infringements that could materially affect the ownership, use or licensing of the copyrights.
You and your owners and employees must agree not to communicate or use our confidential information for the benefit of anyone else during and after the term of the Franchise Agreement. You and your owners and employees must maintain the confidentiality of all information contained in the Manual and other information that we consider confidential, proprietary, or trade secret information. Our "confidential information" means all trade secrets and other elements of our System; information contained in the Manuals; training techniques; financial information; customer information; vendor information; marketing strategies and data; and all other knowledge, trade secrets, or know-how concerning the operation of a Card My Yard business which may be communicated to you by virtue of operating under the terms of the Franchise Agreement, and all other information that we designate as confidential (collectively "Confidential Information").
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 48–49)
What This Means (2025 FDD)
According to Card My Yard's 2025 Franchise Disclosure Document, while they do not own any patents, they claim copyright protection and proprietary rights in the original materials used in their business system. This includes their manuals, bulletins, correspondence and communications with franchisees, training materials, advertising and promotional materials, and other written materials related to the operation of Card My Yard businesses and the Business System.
Card My Yard treats all of this information as trade secrets, requiring franchisees to maintain confidentiality. Franchisees, their owners, and employees must agree not to disclose or use this confidential information for anyone else's benefit during and after the franchise agreement. This extends to all trade secrets, elements of the Card My Yard system, information in the manuals, training techniques, financial details, customer and vendor information, marketing strategies, and any other know-how related to operating a Card My Yard business.
This confidentiality obligation continues even after the franchise agreement terminates or expires. Franchisees are only allowed to share this confidential information with employees who need it to operate the Card My Yard business. Furthermore, franchisees must ensure that their General Manager and any other personnel with access to confidential information sign similar confidentiality agreements, reinforcing the protection of Card My Yard's proprietary assets.