What right of the franchisee does Minnesota consider unfair for Cinnaholic to not protect?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
Minnesota considers it unfair to not protect the franchisee's right to use the trademarks.
Refer to Minnesota Statute 80C.12 Subd. 1(G).
The franchisor will protect the franchisee's rights to use the trademarks, service marks, trade names, logotypes, or other commercial symbols or indemnify the franchisee from any loss, costs, or expenses arising out of any claim, suit, or demand regarding the use of the name.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 27–35)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, Minnesota considers it unfair if Cinnaholic does not protect the franchisee's right to use the trademarks associated with the franchise. This protection is mandated by Minnesota Statute 80C.12 Subd. 1(G).
In practical terms, this means that Cinnaholic is expected to take measures to ensure that franchisees can legally and effectively use the brand's trademarks, service marks, trade names, logotypes, and other commercial symbols. This protection extends to indemnifying the franchisee against any losses, costs, or expenses that may arise from claims, suits, or demands related to the use of the Cinnaholic name and associated branding.
This requirement aims to safeguard the franchisee's investment and business operations by ensuring they can confidently use the brand's identity without legal challenges. It also aligns with common franchise industry practices, where franchisors typically have a responsibility to protect and defend their trademarks to maintain brand consistency and value across the franchise system.