What is the relationship between the 'Affiliated Shop' and the new Ben Jerrys 'Scoop Shop'?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Y'S, disclose Customer Lists, or any portion thereof, to any person other than BEN & JERRY'S, either during the term of this Agreement or thereafter. OPERATOR also agrees to comply with BEN & JERRY's privacy policies and practices related to the Customer Lists as specified in the Manual or otherwise in writing. BEN & JERRY'S hereby licenses the use of such data back to OPERATOR, at no additional cost, solely for the term of this Agreement and solely for OPERATOR'S use in connection with the Scoop Shop.
8. PROPRIETARY MARKS
BEN & JERRY'S represents with respect to the Proprietary Marks that:
8.1 An affiliate of BEN & JERRY'S ("TM Affiliate") is the registered owner of the Proprietary Marks for the United States. Through a license with TM Affiliate, BEN & JERRY'S holds a license to use, and to license others to use, the Proprietary Marks in the manner contemplated by this Agreement.
8.1.1 BEN & JERRY'S and TM Affiliate will take all steps reasonably necessary to preserve and protect the ownership and validity in and to the Proprietary Marks.
8.2 OPERATOR's right to use the Proprietary Marks is limited to such uses as are authorized under this Agreement, and any unauthorized use thereof shall constitute an infringement of rights of BEN & JERRY'S and TM Affiliate.
8.3 With respect to OPERATOR's use of the Proprietary Marks, OPERATOR agrees to:
8.3.1 Use only the Proprietary Marks designated by BEN & JERRY'S, and to use them only in the manner authorized and permitted by BEN & JERRY'S;
8.3.2 Use the Proprietary Marks only for the operation and marketing of the Scoop Shop, and in connection with Off-Premises Activities, On-Demand Sales and Mobile Vending that have been approved by BEN & JERRY'S;
8.3.3 Operate and advertise the Scoop Shop only under the name "Ben & Jerry's," and use the Proprietary Marks without prefix or suffix, unless otherwise authorized or required by BEN & JERRY'S. OPERATOR shall not use the Proprietary Marks (including BEN & JERRY'S service marks), the abbreviations "B&J" or "BJ," or any name that is now, or in the future, used for the Ben & Jerry's Products, or any marks confusingly similar to any of them as part of its corporate, partnership, or other legal name, or to identify OPERATOR or the Scoop Shop in other legal or financial capacity (including in connection with bank checks, bank accounts, and other financial accounts), or as part of any e-mail address, domain name, or other identification of OPERATOR or the Scoop Shop in any electronic medium, unless agreed to in advance, in writing, by BEN & JERRY'S. OPERATOR may, as necessary to conduct the business of the Scoop Shop and to obtain governmental licenses and permits for the Scoop Shop, indicate that OPERATOR shall be operating the Scoop Shop under the trade name "Ben & Jerry's," provided that OPERATOR shall also clearly identify itself as the owner and operator of the Scoop Shop;
8.3.4 Identify itself as the owner of the Scoop Shop (in the manner required by BEN & JERRY'S) in conjunction with any use of the Proprietary Marks, including on invoices, order forms, receipts, and business stationery, as well as at such conspicuous locations on the Premises as BEN & JERRY'S may designate in writing;
8.3.5 Not use the Proprietary Marks to incur any obligation or indebtedness on behalf of BEN & JERRY'S;
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben Jerrys and its affiliates have developed a distinctive system for retail frozen dessert businesses operating as 'Ben & Jerry's Shops'. These shops sell Ben & Jerry's Products, including ice cream and related items, and operate under Proprietary Marks. An affiliate of Ben Jerrys, referred to as the 'TM Affiliate,' is the registered owner of these Proprietary Marks in the United States. Ben Jerrys holds a license through this TM Affiliate to use and license others to use these marks, as outlined in the Franchise Agreement.
As an operator of a Ben Jerrys Scoop Shop, the franchisee's right to use the Proprietary Marks is limited to the uses authorized in the Franchise Agreement. Unauthorized use of these marks infringes on the rights of both Ben Jerrys and the TM Affiliate. The franchisee must only use the designated Proprietary Marks in the manner permitted by Ben Jerrys, specifically for the operation and marketing of the Scoop Shop, including approved off-premises activities, on-demand sales, and mobile vending. The franchisee must operate and advertise the Scoop Shop under the name 'Ben & Jerry's' without any unauthorized prefixes or suffixes.
The franchisee, as the 'OPERATOR,' may need to indicate they are operating the Scoop Shop under the trade name 'Ben & Jerry's' to obtain governmental licenses and permits. However, they must also clearly identify themselves as the owner and operator of the Scoop Shop. The franchisee must identify themselves as the owner of the Scoop Shop in conjunction with any use of the Proprietary Marks, including on invoices and business stationery, and at conspicuous locations on the premises as designated by Ben Jerrys. The franchisee cannot use the Proprietary Marks to incur any obligations on behalf of Ben Jerrys or imply they hold a position with Ben Jerrys.
Ben Jerrys and the TM Affiliate retain the sole right to control any legal proceedings involving the Proprietary Marks, including settlements. While they have the right to take action against infringements of the Proprietary Marks, they are not obligated to do so. Ben Jerrys will defend the franchisee against third-party claims arising from the franchisee's authorized use of the Proprietary Marks, provided the franchisee has used the marks in accordance with the Franchise Agreement.