Does Chicken Guy claim copyright protection in customer lists?
Chicken_Guy Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees to abide by all applicable laws pertaining to the privacy of customer, employee, and transactional information ("Privacy Laws"). Franchisee agrees to comply with Chicken Guy's standards and policies pertaining to Privacy Laws. If there is a conflict between Chicken Guy's standards and policies pertaining to Privacy Laws and actual applicable law, Franchisee shall: (a) comply with the requirements of applicable law; (b) immediately give Chicken Guy written notice of said conflict; and (c) promptly and fully cooperate with Chicken Guy and its counsel in determining the most effective way, if any, to meet Chicken Guy's standards and policies pertaining to Privacy Laws within the bounds of applicable law. Franchisee agrees not to publish, disseminate, implement, revise, or rescind a data privacy policy without Chicken Guy's prior written consent.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 38–39)
What This Means (2025 FDD)
According to the 2025 Chicken Guy FDD, while it doesn't explicitly state that customer lists are copyright protected, it does address the privacy of customer information. Specifically, Chicken Guy requires franchisees to abide by all applicable privacy laws and comply with Chicken Guy's standards and policies pertaining to these laws. If there is a conflict between Chicken Guy's standards and policies and the applicable law, the franchisee must comply with the law, notify Chicken Guy of the conflict, and cooperate with Chicken Guy to find the most effective way to meet Chicken Guy's standards within the bounds of the law.
Furthermore, the franchisee is prohibited from publishing, disseminating, implementing, revising, or rescinding a data privacy policy without Chicken Guy's prior written consent. This indicates that Chicken Guy maintains control over data privacy policies and standards, which could extend to how customer information is handled and protected.
While the FDD does not directly mention copyright protection for customer lists, the emphasis on privacy laws and the control Chicken Guy exerts over data privacy policies suggest that customer information is considered valuable and is to be protected. A prospective franchisee should seek clarification from Chicken Guy regarding the specific measures in place to protect customer data and whether customer lists are considered proprietary information subject to copyright or trade secret protection.