factual

Can Cream conduct marketing activities within my Protected Territory?

Cream Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (5) conduct marketing, advertising, and/or other promotional activities, events, and campaigns, at any location in the world, including in the Protected Territory, including events, activities, and campaigns that involve product giveaways and/or the offer and sale of products and services similar to and/or the same as those that Jeni's Ice Creams Scoop Shops sell, and/or using the Marks;

Source: Item 12 — TERRITORY (FDD pages 35–39)

What This Means (2025 FDD)

According to Cream's 2025 Franchise Disclosure Document, Cream retains the right to conduct marketing activities within a franchisee's protected territory. Specifically, Cream can conduct marketing, advertising, and promotional activities, events, and campaigns at any location, including within the franchisee's protected territory. These activities can include product giveaways and the offer and sale of products and services similar to those sold at Cream Scoop Shops, and can utilize Cream's trademarks.

This means that while a franchisee may have a protected territory, Cream can still engage in marketing efforts within that territory to promote the brand as a whole. This could potentially impact the franchisee's business by increasing competition within their own territory.

It is important for prospective franchisees to understand that the protected territory does not grant exclusive marketing rights. Franchisees should inquire about Cream's marketing strategies and how they might affect individual franchise locations within a protected territory. Understanding the scope and nature of Cream's marketing activities can help franchisees prepare for potential competition and develop their own marketing plans to complement the franchisor's efforts.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.