Does Costa Vida Fresh Mexican Grill claim copyrights in the Confidential Information?
Costa_Vida_Fresh_Mexican_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
We own the Confidential Information and claim copyrights in the Confidential Information. The Confidential Information includes trade secrets and is our proprietary information. You will have access to some of this Confidential Information required in the operation of your business. However, you will not acquire any interest in any Confidential Information, other than the right to use Confidential Information disclosed to you in operating your Restaurant during the term of the Franchise Agreement. The use or duplication of any Confidential Information in any other business will constitute an unfair method of competition and a violation of your Franchise Agreement. We only disclose the Confidential Information to you on the condition that you agree:
- (i) Not to use Confidential Information in any other business or capacity;
- (ii) To maintain the absolute confidentiality of Confidential Information during and after the term of the Franchise Agreement;
- (iii) Not to make unauthorized copies of any portion of Confidential Information disclosed in written or other tangible form; and
- (iv) To adopt and implement all reasonable procedures that we require to prevent unauthorized use or disclosure of Confidential Information, including restrictions on disclosure of Confidential Information to your employees and to comply with requirements that we may impose that certain key employees sign confidentiality agreements as a requirement and condition of employment.
We have not registered any copyrights with the U.S. Registrar of Copyrights. You may use the Operations Manuals and other materials during the term of the Franchise Agreement. There are currently no effective determinations of the U.S. Copyright Office or any court regarding any of the copyrights. There are no agreements currently in effect that significantly limit our rights to use or franchise the copyrighted materials. Also, there are no other rights or infringing uses actually known to us that could materially affect your use of the copyrighted materials in any state.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 50–52)
What This Means (2025 FDD)
According to Costa Vida Fresh Mexican Grill's 2025 Franchise Disclosure Document, the company asserts ownership of the Confidential Information and claims copyrights to it. This Confidential Information encompasses trade secrets and proprietary information essential for operating a Costa Vida Fresh Mexican Grill restaurant. Franchisees gain access to some of this information to run their business but do not acquire any ownership interest in it beyond the right to use it during the franchise term.
The agreement stipulates that franchisees cannot use or duplicate any Confidential Information in any other business, as this would be considered unfair competition and a breach of the Franchise Agreement. Costa Vida Fresh Mexican Grill only discloses the Confidential Information if the franchisee agrees not to use it in any other business, to maintain its confidentiality during and after the franchise term, not to make unauthorized copies, and to implement procedures to prevent unauthorized use or disclosure, including requiring key employees to sign confidentiality agreements.
Costa Vida Fresh Mexican Grill has not registered any copyrights with the U.S. Registrar of Copyrights. Franchisees can use the Operations Manuals and other materials during the term of the Franchise Agreement. There are no effective determinations of the U.S. Copyright Office or any court regarding any of the copyrights, and no agreements significantly limit Costa Vida Fresh Mexican Grill's rights to use or franchise the copyrighted materials. Additionally, there are no known rights or infringing uses that could materially affect a franchisee's use of the copyrighted materials in any state.