What advertising materials does Cream claim copyrights in?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
We and/or our affiliates claim copyrights in the Brand Manual, content on Digital Presences, advertising materials, any or all of the design elements contained within the Marks, and other advertising or marketing materials used in operating Jeni's Ice Creams Scoop Shops and the System. We have not registered these copyrights with the U.S. Copyright Office. You may use the copyrighted works only as we specify while operating your Shop (and must stop using them if we so direct you). We may modify or discontinue using the subject matter covered by any copyrighted works. There currently are no effective adverse determinations regarding the copyrighted materials. We are not aware of any infringing uses of our copyrighted works which could materially affect your use of the copyrighted works. We need not protect or defend our copyrighted works. We may control any action involving the copyrighted works, even if you bring the matter to our attention. We need not take affirmative action when notified of infringement of or participate in your defense nor indemnify you for damages or expenses in a proceeding involving the copyrighted works.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 40–42)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Cream and/or its affiliates claim copyrights in several advertising and marketing materials. These include the Brand Manual, content on Digital Presences, advertising materials, any or all of the design elements contained within the Marks, and other advertising or marketing materials used in operating Jeni's Ice Creams Scoop Shops and the System. However, these copyrights have not been registered with the U.S. Copyright Office.
As a franchisee, you are permitted to use these copyrighted materials only as specified by Cream while operating your shop. This usage can be discontinued at Cream's discretion. Cream also retains the right to modify or discontinue the use of any subject matter covered by these copyrights.
It is important to note that Cream is not obligated to protect or defend these copyrighted works. Even if a franchisee brings a potential infringement to their attention, Cream maintains control over any action involving the copyrighted works and is not required to take affirmative action or participate in the franchisee's defense. Furthermore, Cream is not liable for indemnifying franchisees for damages or expenses in any legal proceedings related to these copyrighted materials. This means that while you can use Cream's advertising materials, you have limited control over how they are protected and defended.