Is a Ben Jerrys Catering Entity allowed to establish or maintain a separate website that displays the Proprietary Marks?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Section 12.8 of the Franchise Agreement shall be amended by the addition of the following Section 12.8.5:
- 12.8.5 The Catering Entity shall not establish [or continue to maintain] a separate Website or register any domain name that displays or uses the Proprietary Marks or any marks confusingly similar thereto, or that refers to this Agreement, the Products, BEN & JERRY'S or the System. If the Catering Entity registers any domain name in violation of this subsection, in addition to all other rights and remedies of BEN & JERRY'S under this Agreement, BEN & JERRY'S shall have the right, but not the obligation, to require the Catering Entity to transfer any such registration(s) to BEN & JERRY'S or its designee, at the Catering Entity's expense.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a Catering Entity is not allowed to establish or maintain a separate website that displays the Proprietary Marks. The Proprietary Marks include trade names, service marks, trademarks, logos, emblems, and indicia of origin associated with the Ben Jerrys system. This restriction also extends to registering any domain name that uses the Proprietary Marks or any marks that are confusingly similar. It also applies to domain names that refer to the agreement, the products, Ben Jerrys, or the system.
If a Ben Jerrys Catering Entity violates this rule by registering a prohibited domain name, Ben Jerrys has the right, but not the obligation, to require the Catering Entity to transfer the domain name registration to Ben Jerrys or its designee. The Catering Entity would be responsible for covering the expense of this transfer.
This policy ensures that Ben Jerrys maintains control over its brand and online presence. It prevents franchisees from creating websites that could dilute the brand, cause customer confusion, or otherwise harm the Ben Jerrys brand. This type of restriction is common in franchising, as franchisors need to protect their trademarks and ensure consistent brand messaging across all franchise locations.