Does Christies International Real Estate consider its Confidential Information to be a trade secret?
Christies_International_Real_Estate Franchise · 2025 FDDAnswer from 2025 FDD Document
ame on your Main Office and any Additional Offices. Your sign(s) must conform to the Brand Guidelines. The sign(s) utilizing our Marks must be installed within ninety (90) days from the Effective Date of this Agreement. You must obtain our prior written permission for any exception to the office sign requirements due to local ordinances or other reasons and you must provide written documentation reflecting the reasons for varying the signage.
8. CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS
- 8.1. Definition. "Confidential Information" means the methods, techniques, information, data, formats, marketing and promotional techniques and procedures, specifications, information, systems, software, and knowledge of and experience in operating and franchising CHRISTIE'S INTERNATIONAL REAL ESTATE businesses that we communicate to you or that you otherwise acquire in operating the Business under the System including, but not limited to, the Operations Manual and Brand Guidelines and the terms of this Agreement. Confidential Information does not include information, processes or techniques that are generally known to the public, other than through disclosure (whether deliberate or inadvertent) by you.
- 8.2. Confidentiality. You acknowledge and agree that you do not acquire any interest in the Confidential Information, other than the right to use it in developing and operating the Business pursuant to this Agreement, and that the use or duplication of the Confidential Information in any other business constitutes an unfair method of competition. You acknowledge and agree that the Confidential Information is proprietary, is our trade secret, and is disclosed to you solely on the condition that you agree that you: (1) will not use the Confidential Information in any other business or capacity; (2) will maintain the absolute confidentiality of the Confidential Information during and after the term of this Agreement;
Source: Item 23 — RECEIPT (FDD pages 54–177)
What This Means (2025 FDD)
According to the 2025 Christies International Real Estate Franchise Disclosure Document, the brand defines "Confidential Information" broadly, but does not explicitly state that it considers this information a "trade secret." The FDD outlines the types of information considered confidential, which includes methods, techniques, data, formats, marketing and promotional procedures, specifications, systems, software, knowledge, and experience related to operating and franchising Christies International Real Estate businesses. This encompasses the Operations Manual, Brand Guidelines, and the terms of the Franchise Agreement itself.
Christies International Real Estate emphasizes that franchisees do not acquire any ownership interest in the Confidential Information beyond the right to use it for their franchised business. The agreement specifies that using or duplicating this information in any other business is considered an unfair method of competition. This suggests that Christies International Real Estate takes the protection of its Confidential Information seriously, as it is crucial for maintaining a competitive edge and the integrity of the franchise system.
Upon termination or expiration of the Franchise Agreement, franchisees must return all Confidential Information in tangible form and destroy any other sources containing or reflecting such information. Franchisees can retain Confidential Information for legal, tax, and insurance purposes, but it remains subject to the confidentiality restrictions outlined in the agreement. While the term "trade secret" is not explicitly used, the extensive protections and restrictions placed on the use and dissemination of the Confidential Information indicate that Christies International Real Estate treats it with a similar level of importance.