What specific section of the Ben Jerrys Franchise Agreement is supplemented by the Minnesota Amendment regarding proprietary marks?

According to Ben Jerrys's 2025 Franchise Disclosure Document, the Minnesota Amendment supplements Section 8 of the Franchise Agreement, which is under the heading "Proprietary Marks." This is done through the addition of a new subsection 8.5. This amendment is specific to franchisees operating in Minnesota.

Subsection 8.5 states that, according to Minnesota Statute Sec. 80C.12, Subd. 1(g), Ben Jerrys is required to protect any rights the franchisee may have to use the Proprietary Marks. This means that Ben Jerrys must take steps to ensure that the franchisee's right to use the brand's trademarks and logos is protected under Minnesota law.

This protection is particularly important for franchisees as it ensures that the franchisor is legally obligated to safeguard the franchisee's ability to operate under the brand's identity. It helps prevent others from infringing on the brand's trademarks within the franchisee's territory, which could negatively impact their business. This type of clause is not uncommon in franchise agreements, especially when state laws provide specific protections for franchisees.