What design elements does Cream claim copyrights in?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
We do not own any patents that are material to the franchise. We have not filed any patent applications that are material to the franchise.
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 areas. 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 works only as specified by Cream while operating your shop. This usage is contingent upon Cream's approval and can be revoked at their discretion. Cream also retains the right to modify or discontinue the use of any materials covered by these copyrights.
It's important to note that Cream is not obligated to protect or defend these copyrighted works. They maintain control over any action involving the copyrights, even if the franchisee brings the matter to their attention. Furthermore, Cream is not required to take action upon notification of infringement, participate in the franchisee's defense, or provide indemnity for damages or expenses related to proceedings involving the copyrighted works. This means that while you are granted the right to use these copyrighted materials, the responsibility for their protection largely rests with Cream, and they have the final say in how these rights are managed and defended.