If my right to use a Cinnabon trademark is challenged, what might I have to do?
Cinnabon Franchise · 2025 FDDAnswer from 2025 FDD Document
If your right to use this trademark is challenged, you may have to change to an alternative trademark which will increase your expenses.
If you learn of any claim against you for alleged infringement, unfair competition, or similar claims about the Proprietary Marks, you must promptly notify us. We will promptly take the action we consider necessary to defend you. We must indemnify you for any action against you by a third party based solely on alleged infringement, unfair competition, or similar claims about the Proprietary Marks. You may not settle or compromise any of these claims without our written consent. We have the right to control, defend and settle any claim at our sole expense using our own counsel. You must cooperate with us in the defense. We will have no obligation to defend or indemnify you if the claim against you relates to your use of the Proprietary Marks in violation of the Franchise Agreement.
You must comply with our instructions to modify or discontinue use of any Proprietary Mark or to adopt or use additional or substituted Proprietary Marks. We will not be liable to you for any resulting expenses.
Source: Item 13 — Trademarks (FDD pages 87–89)
What This Means (2025 FDD)
According to Cinnabon's 2025 Franchise Disclosure Document, if your right to use a Cinnabon trademark is challenged, you may be required to switch to an alternative trademark. This could potentially increase your expenses as a franchisee.
Cinnabon states that they own all rights to their Proprietary Marks and associated goodwill, and all usage of these marks by a franchisee will benefit Cinnabon exclusively. Franchisees cannot take any action to contest Cinnabon's rights or interests in the Proprietary Marks. Franchisees must also adhere to Cinnabon's instructions regarding modifying or discontinuing the use of any Proprietary Mark, or adopting additional or substitute Proprietary Marks. Cinnabon will not be held liable for any expenses incurred as a result of these changes.
If a franchisee learns of any claim against them for alleged infringement, unfair competition, or similar claims about the Proprietary Marks, they must promptly notify Cinnabon. Cinnabon will then take action they deem necessary to defend the franchisee and must indemnify the franchisee for any action against them by a third party based solely on alleged infringement, unfair competition, or similar claims about the Proprietary Marks. However, the franchisee cannot settle or compromise any of these claims without Cinnabon's written consent. Cinnabon has the right to control, defend, and settle any claim at their sole expense using their own counsel, and the franchisee must cooperate with Cinnabon in the defense. Cinnabon is not obligated to defend or indemnify a franchisee if the claim relates to the franchisee's use of the Proprietary Marks in violation of the Franchise Agreement.