Which sections of the Pearce Bespoke Franchise Agreement address trademarks and proprietary information?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 13: TRADEMARKS]
We claim common law rights to the Marks and other terms and phrases used regularly in connection with the Business. We also claim common law rights to our designs, logos, and trade dress items, including color schemes and appearance, as well as copyright where applicable, but there have not been judicial determinations of the existence, validity, or extent of our rights. We claim and intend to rely on common law and/or statutory trade secret, and unfair competition protection for the proprietary materials and information you are awarded a license to use under the Franchise Agreement.
[Item 14: PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION]
ITEM 14 PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
There are no patents or copyrights currently registered or pending which are material to the Pearce Bespoke franchise offered, although Pearce Bespoke does claim copyright protection for each of its Pearce Bespoke Manuals and for various sales promotion and other materials periodically published or located on its
website. You must keep confidential during and after the term of the franchise agreement all information contained in the Manuals. You cannot duplicate or provide any information contained in the Manuals to any party other than, during the term of the franchise agreement, those of your employees who need to know that information. When the franchise agreement terminates, you must return to Pearce Bespoke all copies of each Manual and all other material Pearce Bespoke has copyrighted or designated as confidential.
[Item 22: CONTRACTS]
Franchisee's general conduct on the internet and specifically its use of the Marks on the internet (including the domain name and any other Marks Franchisor may develop as a result of participation on the internet) will be subject to the provisions of this Agreement and regulated by the Internet Code of Conduct or similar document.
Franchisee's agreement to procure execution of a Confidentiality/Non-Competition Agreement from certain of Franchisee's owners, management and staff is set forth before in Section 9(B) of this Agreement.
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 20–21)
What This Means (2025 FDD)
According to the 2025 Pearce Bespoke Franchise Disclosure Document, several sections of the Franchise Agreement address trademarks and proprietary information. Item 13 discusses the trademarks that Pearce Bespoke claims rights to, including common law rights to marks, terms, phrases, designs, logos, and trade dress. It also mentions reliance on trade secret and unfair competition protection for proprietary materials licensed to the franchisee. Item 14 states that Pearce Bespoke claims copyright protection for its manuals and sales materials. Franchisees must keep the manual contents confidential during and after the franchise term and return all copies upon termination.
Item 22, which covers contracts, also contains provisions related to trademarks and proprietary information. Specifically, it states that the franchisee's use of Pearce Bespoke's marks on the internet, including domain names, is subject to the Franchise Agreement and an Internet Code of Conduct. Section 9(B) of the agreement, referenced in Item 22, requires franchisees to obtain confidentiality and non-competition agreements from certain owners, management, and staff. This ensures that individuals with access to confidential information are legally bound to protect it.
These multiple references throughout the Franchise Agreement highlight the importance Pearce Bespoke places on protecting its trademarks and proprietary information. Prospective franchisees should carefully review these sections to understand their obligations regarding the use and protection of the brand's intellectual property and confidential business information. Understanding these obligations is crucial for maintaining a successful and compliant Pearce Bespoke franchise.