Can Cinnaholic franchise other businesses with different trademarks near a Cinnaholic Bakery?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
- (iv) own, operate, franchise or license anywhere, even in close proximity to any Bakeries developed hereunder, Bakeries of any other type whatsoever operating under marks other than the Marks;
Source: Item 23 — RECEIPT (FDD pages 62–269)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, Cinnaholic retains significant rights regarding the operation, franchising, and licensing of businesses, even those near existing Cinnaholic Bakeries. Specifically, Cinnaholic reserves the right to own, operate, franchise, or license bakeries of any type under trademarks other than the Cinnaholic trademarks, even if these bakeries are in close proximity to existing Cinnaholic locations. This means that Cinnaholic could potentially operate or franchise a different bakery concept near a franchisee's location.
This reservation of rights has important implications for prospective franchisees. While franchisees are granted the right to operate Cinnaholic Bakeries within their designated area of responsibility, they do not have exclusive territorial rights that would prevent Cinnaholic from establishing competing businesses under different brands nearby. This lack of territorial protection is a notable risk factor, as the success of a franchisee's Cinnaholic Bakery could be impacted by the presence of other food service businesses operated or franchised by Cinnaholic itself.
In the franchise industry, it is not uncommon for franchisors to reserve certain rights to themselves, including the right to operate competing businesses under different brands. However, prospective franchisees should carefully consider the potential impact of such arrangements on their investment. It would be prudent for a potential Cinnaholic franchisee to discuss this aspect of the franchise agreement with Cinnaholic to fully understand the potential for internal competition and to assess the franchisor's plans for managing potential conflicts of interest.