After the franchise agreement ends, what marks are franchisees of Cream prohibited from using, either directly or indirectly?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
Upon termination or expiration of this Agreement, you and your owners must immediately:
- (1) close your Shop for business to customers and cease to directly or indirectly sell any products and services of any kind and in any manner from your Shop and/or using the Marks, unless we direct you otherwise in connection with our exercise of our option to purchase pursuant to Section 15.D;
- (2) cease to directly or indirectly use any Mark, any colorable imitation of a Mark, other indicia of a Jeni's Ice Creams Scoop Shop, or any trade name, trademark, service mark, or other commercial symbol that indicates or suggests a connection or association with us or the System, in any manner or for any purpose (except in connection with other Jeni's Ice Creams Scoop Shops you operate in compliance with the terms of a valid Franchise Agreement with us);
- (3) cease to directly or indirectly identify yourself or your business as a current or former Jeni's Ice Creams Scoop Shop or as one of our current or former franchise owners (except in connection with other Jeni's Ice Creams Scoop Shops you operate in compliance with the terms of a valid Franchise Agreement with us) and take the action required to cancel or assign all fictitious or assumed name or equivalent registrations relating to your use of any Mark;
- (4) if we do not exercise our option to purchase your Shop under Section 15.D below, promptly and at your own expense, make the alterations we specify to distinguish your Shop clearly from its former appearance and from other Jeni's Ice Creams Scoop Shops, including by removing all materials and signage bearing our Marks and removing from both the interior and exterior of the Premises all materials and components of our trade dress as we determine to be necessary in order to prevent public confusion and in order to comply with the non-competition provisions set forth in Section 15.C;
- (5) cease using and, at our direction, either disable or transfer, assign, or otherwise convey to us full control of all Contact Information and Digital Presences that you used to operate your Shop or that displays any of the Marks or any reference to the franchise system (provided that all liabilities and obligations arising from any such Contact Information or Digital Presence prior to the date of the transfer, assignment, or conveyance to us will remain your sole responsibility in all respects, and any costs we incur in connection therewith will be indemnifiable under Section 16.D);
- (6) return to us or destroy (as we require) all items, forms, and materials containing any Mark or otherwise identifying or relating to Jeni's Ice Creams Scoop Shops, and any and all Confidential Information (including the Brand Manual and any and all customer data or other information from your Computer System);
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, upon termination or expiration of the Franchise Agreement, franchisees must cease all use of Cream's trademarks and branding. Specifically, franchisees cannot directly or indirectly use any Mark, any colorable imitation of a Mark, other indicia of a Jeni's Ice Creams Scoop Shop, or any trade name, trademark, service mark, or other commercial symbol that indicates or suggests a connection or association with Cream or its System. The only exception to this rule is if the franchisee operates other Jeni's Ice Creams Scoop Shops under a valid franchise agreement with Cream.
In addition to ceasing the use of Cream's marks, franchisees must also stop identifying themselves or their business as a current or former Jeni's Ice Creams Scoop Shop or as one of Cream's current or former franchise owners. This restriction also has an exception for franchisees operating other Jeni's Ice Creams Scoop Shops under a valid franchise agreement with Cream. Franchisees are also required to cancel or assign all fictitious or assumed name or equivalent registrations relating to their use of any Mark.
Furthermore, unless Cream exercises its option to purchase the Shop, the franchisee must make alterations to distinguish their Shop from its former appearance and from other Jeni's Ice Creams Scoop Shops. This includes removing all materials and signage bearing Cream's Marks and removing all materials and components of Cream's trade dress from both the interior and exterior of the premises. The purpose of these alterations is to prevent public confusion and to comply with non-competition provisions. Franchisees must also cease using and either disable or transfer to Cream full control of all Contact Information and Digital Presences used to operate the Shop or that displays any of the Marks or any reference to the franchise system. Finally, franchisees must return to Cream or destroy all items, forms, and materials containing any Mark or otherwise identifying or relating to Jeni's Ice Creams Scoop Shops, and any and all Confidential Information.