According to Moes Southwest Grill, what constitutes 'Trade Secrets'?
Moes_Southwest_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
In addition, we or our affiliates may disclose to you Trade Secrets. "Trade Secrets" means information that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. Without limiting the definition of "Trade Secrets," the following are considered to be Trade Secrets: (i) the composition of our Proprietary Goods; (ii) our Recipes; (iii) advertising, marketing, and public relations strategies; and (iv) our marketing analyses.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 73–75)
What This Means (2025 FDD)
According to Moes Southwest Grill's 2025 Franchise Disclosure Document, trade secrets are defined as information that holds independent economic value, whether actual or potential, because it is not generally known or easily discoverable by others who could profit from its disclosure or use. For Moes Southwest Grill, specific examples of trade secrets include the composition of their proprietary goods, their recipes, advertising, marketing, and public relations strategies, and their marketing analyses.
Moes Southwest Grill emphasizes the importance of protecting these trade secrets, as franchisees are prohibited from revealing any confidential information or trade secrets to another person or using it for any other person or business during and after the term of the Franchise Agreement. Franchisees also cannot copy or give this information to a third party unless authorized by Moes Southwest Grill. These restrictions are in place even before the restaurant opens, as franchisees receive valuable information and training about the system and operation of the restaurant before operations begin.
Furthermore, Moes Southwest Grill requires franchisees to ensure that all employees with access to confidential information and trade secrets are aware of the confidentiality restrictions. Franchisees must bind their employees through an agreement that is at least as restrictive as the terms of the Franchise Agreement, preventing them from disclosing confidential information and trade secrets. This highlights the brand's commitment to safeguarding its proprietary information and maintaining a competitive edge in the market.