Can Cream operate businesses under trademarks similar to Jeni's within the Development Area?

According to the 2025 FDD, Cream and its affiliates retain specific rights within the Development Area granted to the franchisee. Cream has the right to establish and operate other types of businesses, including those offering products or services identical, similar, or competitive with Jeni's Ice Creams Scoop Shops. These businesses can operate under trade names, trademarks, service marks, and commercial symbols other than the "Jeni's® " name and marks, anywhere in the world, including within the franchisee's Development Area.

This means that while a franchisee is granted development rights for Jeni's Ice Creams Scoop Shops within a specific area, Cream retains the right to operate other businesses, even those that compete with Jeni's, under different branding within the same Development Area. This could include businesses that sell similar products or services, potentially impacting the franchisee's market share and revenue.

This reservation of rights gives Cream considerable flexibility to expand its business operations in the Development Area through alternative channels or brands. For a prospective franchisee, this highlights the importance of understanding the competitive landscape and potential for direct competition from the franchisor within their designated territory. Franchisees should carefully consider this aspect and evaluate its potential impact on their business before investing in a Cream franchise.