Does Hardees own any patents that are material to the Franchised Restaurant or the Hardee's System?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
We do not own any patents that are material to your Franchised Restaurant or the Hardee's System. We own the copyright in all of our advertising and marketing materials including, but not limited to, images, copy, radio and television commercials, and social media posts, the OPM and for certain forms, architectural, engineering, and construction plans, advertising materials, product specifications, computer programs, newsletters, training materials, and operation and accounting manuals. While we do not commonly register our materials protected by copyright with the United States Registrar of Copyrights, we may seek registration for these materials at any time.
During the term of the Franchise Agreement, you will have access to trade secret information that is confidential and proprietary to us such as manuals, formulas, methods, Customer Information, vendor and pricing lists and policies. For example, the OPM and other materials contain our detailed standards and specifications for managing and operating your Franchised Restaurant and other proprietary information may discuss the selection, purchase, storage, preparation, packaging, ingredients, recipes, service and sale of the products and beverages you will sell at your Franchised Restaurant. The OPM also contains information on management and employee training, marketing, advertising and sales promotions, signs, fixtures and furnishings, employee dress attire and appearance standards, menu concepts and business practices and procedures, including bookkeeping, accounting, records retention and other business systems.
You acknowledge that the trade secrets derive independent economic value from not being generally known to and not readily ascertainable to others. You agree to hold in confidence and agree not to disclose or in any way make available to any unauthorized person any trade secret or any information regarding any trade secret or any proprietary information made available to you by us. You may disclose trade secrets only to your employees and agents with a legitimate need to know, each of whom you will warrant will be subject to this confidentiality requirement. You also agree not to contest our interest in the trade secrets and confidential and proprietary information that comprise the Hardee's System.
We are not required by any agreement to protect or defend copyrights or confidential information, although we intend to do so as appropriate.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 61–62)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, Hardees does not own any patents that are considered material to the operation of a franchised restaurant or the Hardee's system. However, Hardees does own the copyright to all of its advertising and marketing materials. These include images, copy, radio and television commercials, and social media posts. Hardees also owns the copyright to the OPM (Operation Procedures Manual), architectural, engineering, and construction plans, advertising materials, product specifications, computer programs, newsletters, training materials, and operation and accounting manuals. Hardees may seek registration for these materials at any time, even though they do not commonly register their materials protected by copyright with the United States Registrar of Copyrights.
As a franchisee, you will have access to trade secret information that is confidential and proprietary to Hardees. This includes manuals, formulas, methods, Customer Information, vendor and pricing lists and policies. The OPM contains detailed standards and specifications for managing and operating your Franchised Restaurant. It also includes proprietary information regarding the selection, purchase, storage, preparation, packaging, ingredients, recipes, service and sale of products and beverages. The OPM also contains information on management and employee training, marketing, advertising and sales promotions, signs, fixtures and furnishings, employee dress attire and appearance standards, menu concepts and business practices and procedures, including bookkeeping, accounting, records retention and other business systems.
You must keep this trade secret information confidential and only disclose it to employees and agents with a legitimate need to know, ensuring they also adhere to the confidentiality requirements. You also agree not to contest Hardees's interest in the trade secrets and confidential information that make up the Hardee's System. Hardees is not required by any agreement to protect or defend copyrights or confidential information, although they intend to do so as appropriate.