factual

Which sections of the Ben Jerrys Franchise Agreement address the franchisee's obligations regarding trademarks and proprietary information?

Ben_Jerrys Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 1.1 BEN & JERRY'S grants to DEVELOPER the right, and DEVELOPER undertakes the obligation, upon the terms and conditions set forth in this Agreement, to (a) enter into separate signed Franchise Agreements with BEN & JERRY'S (the "Franchise Agreements"), in the manner described in Section 3.5 below, for a specified number of Scoop Shops as set forth in Exhibit A to this Agreement (the "Development Schedule"), at specific locations to be designated in the Franchise Agreements, and (b) to use the Proprietary Marks and System solely in connection therewith.

You must comply with our standards and procedures (which we may issue periodically in the Manual or otherwise in writing) as to your use of: blogs, social networks (like "Facebook and "Instagram"), professional networks (such as "Linked-In"), live blogging tools (such as "Twitter"), virtual worlds, file, audio and video sharing sites and other similar social networking media or tools that in any way reference the Proprietary Marks or involve the System or your Scoop Shop. (Franchise Agreement, § 7.11.6)

  • (2) You may not establish a Website that uses or involves the Proprietary Marks, or any of the Products, Ben & Jerry's Shops or the System.

  • 15.2.8 If, contrary to the terms of Sections 9 or 10 hereof, OPERATOR discloses or divulges the contents of the Manual or other confidential information provided to OPERATOR by BEN & JERRY'S;

  • 15.2.9 If OPERATOR or any of its Owners misuses or makes any unauthorized use of the Proprietary Marks or any other identifying characteristics of the System, or otherwise

operates the Scoop Shop in a manner, or engages in any other conduct (including activities and communications with customers, suppliers, landlords, other franchisees or third parties), that BEN & JERRY'S determines to be injurious or prejudicial to the reputation or goodwill associated with the System, Proprietary Marks, Ben & Jerry's Products, or the rights of BEN & JERRY'S therein;

Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 41–43)

What This Means (2025 FDD)

According to Ben Jerrys's 2025 Franchise Disclosure Document, several sections of the Franchise Agreement outline the franchisee's obligations regarding trademarks and proprietary information.

Section 1.1 grants the developer the right and obligation to use the Proprietary Marks and System solely in connection with the Franchise Agreements. Section 7.11.6 requires franchisees to comply with Ben Jerrys's standards and procedures for social media use that references the Proprietary Marks or involves the System or their Scoop Shop. Section 12.8.3 states that franchisees may not establish a Website that uses or involves the Proprietary Marks, or any of the Products, Ben & Jerry's Shops or the System.

Section 15.2.8 states that a franchisee default includes disclosing the contents of the Manual or other confidential information provided to the franchisee by Ben & Jerrys. Section 15.2.9 states that a franchisee default includes misuse or unauthorized use of the Proprietary Marks or any other identifying characteristics of the System, or operating the Scoop Shop in a manner that is injurious or prejudicial to the reputation or goodwill associated with the System, Proprietary Marks, Ben & Jerry's Products, or the rights of Ben & Jerrys therein.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.