Can Cream modify or discontinue using the subject matter covered by any copyrighted works?
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 retains the right to modify or discontinue the use of any subject matter covered by its copyrighted works. This includes the Brand Manual, content on Digital Presences, advertising materials, and design elements within the Marks.
This provision grants Cream significant control over the brand's image and marketing strategies. As a franchisee, you are required to use these copyrighted materials as specified by Cream and must cease using them if directed to do so. This ensures uniformity across all Cream locations and allows Cream to adapt its marketing and branding as needed.
While Cream claims copyrights, it has not registered them with the U.S. Copyright Office. Cream also states that it need not protect or defend its copyrighted works, nor is it obligated to take action against infringement or indemnify franchisees in proceedings involving the copyrighted works. This means that while franchisees are required to use Cream's copyrighted materials, Cream does not necessarily guarantee their protection against third-party claims. This could potentially expose franchisees to legal risks if the copyrighted materials are challenged.
Overall, this clause highlights the importance of adhering to Cream's branding and marketing guidelines. While franchisees benefit from using established copyrighted materials, they must also acknowledge Cream's right to modify or discontinue these materials and understand the potential risks associated with unregistered copyrights.