Can a Cream franchisee use copyrighted works in any way they want?
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 (or its affiliates) claims copyrights to various materials, including the Brand Manual, content on Digital Presences, advertising materials, design elements 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 Cream franchisee, your use of these copyrighted works is explicitly restricted. You are only allowed to use them as specified by Cream while operating your Shop, and you must cease using them if Cream directs you to do so. Cream retains the right to modify or discontinue the use of any subject matter covered by these copyrighted works.
Cream does not have any obligation to protect or defend their copyrighted works. Cream maintains control over any action involving the copyrighted works, even if you bring the matter to their attention. Cream is not required to take action upon notification of infringement or participate in your defense, nor are they obligated to indemnify you for damages or expenses in any legal proceeding involving the copyrighted works. This means that as a franchisee, you have limited control over the use and protection of these copyrighted materials and must adhere strictly to Cream's directives.
This is a fairly typical arrangement in franchising, where the franchisor retains control over its intellectual property and brand assets. Prospective franchisees should understand that they are granted a limited license to use these materials and must comply with the franchisor's instructions to avoid potential legal issues.