What rights of the Cinnaholic franchisee will the franchisor protect in regards to trademarks in Minnesota?
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 franchiser 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 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, Minnesota considers it unfair not to protect a franchisee's right to use trademarks. Cinnaholic will protect the franchisee's rights to use trademarks, service marks, trade names, logotypes, or other commercial symbols. Additionally, Cinnaholic will indemnify the franchisee from any losses, costs, or expenses arising from claims, suits, or demands regarding the use of the name.
This protection and indemnification apply specifically to the use of Cinnaholic's trademarks and names. This means that if a third party sues a Cinnaholic franchisee in Minnesota for using the Cinnaholic name or logo, Cinnaholic will defend the franchisee and cover any resulting costs or losses. This is a significant benefit for franchisees as it reduces their risk of legal action related to branding.
This clause is particularly important in Minnesota due to state-specific regulations emphasizing franchisee rights. Prospective franchisees should carefully review the franchise agreement to fully understand the scope of this protection and the procedures for seeking indemnification from Cinnaholic in case of a trademark-related claim.