With whom are Cream franchisees prohibited from communicating regarding any infringement, challenge, or claim related to the Cream trademarks or system?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
You will be required to notify us immediately of any apparent infringement or challenge to your use of the Marks or the System, or of any person's claim of any rights in the Marks or the System, and not to communicate with any person other than us, our affiliates and our and their attorneys, and your attorneys, regarding any infringement, challenge, or claim.
Source: Item 13 — TRADEMARKS (FDD pages 39–40)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, franchisees are required to notify Cream immediately of any apparent infringement or challenge to the use of Cream's marks or system. They must also report any claims of rights in the marks or system.
The FDD stipulates that franchisees are prohibited from communicating with any person regarding any infringement, challenge, or claim related to Cream's trademarks or system, except for Cream, its affiliates, their attorneys, and the franchisee's own attorneys. This restriction ensures that Cream maintains control over the response to any potential legal issues concerning its trademarks and system.
This requirement is fairly standard in franchising, as franchisors typically want to control the defense and management of their trademarks. By centralizing communication and legal strategy, Cream aims to protect the integrity and value of its brand. Franchisees must comply with Cream's directions in responding to any proceedings and must sign documents and take actions deemed necessary by Cream to protect its interests in the marks and system.