Who owns the Cream Marks and System?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge and agree that the Marks and the System are owned by us and/or our affiliates. You acknowledge and agree that your use of the Marks and the System and any goodwill established by that use are exclusively for our and our affiliates' (as applicable) benefit. This Agreement does not confer any goodwill or other interests in the Marks or the System upon you (other than the right to operate your Shop under this Agreement). Your unauthorized use of the Marks and the System would be a breach of this Agreement and an infringement on the intellectual property rights of us and our affiliates (as applicable). Your unauthorized use of the Marks and the System will cause us and our affiliates (as applicable) irreparable harm for which there is no adequate remedy at law and will entitle us and our affiliates (as applicable) to injunctive relief. All provisions of this Agreement relating to the Marks and the System apply to any additional or modified components of the Marks and the System we authorize you to use. You may not at any time during or after the Term contest or assist any other person in contesting the validity of any registration for the Marks or the System, and/or our and our affiliates' (as applicable) rights to the Marks and the System.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, the Marks and the System are owned by Cream and/or its affiliates. The agreement specifies that any use of the Marks and the System, including any goodwill established through that use, exclusively benefits Cream and its affiliates.
Cream's franchise agreement does not grant the franchisee any goodwill or other interests in the Marks or the System, aside from the right to operate their shop under the terms of the agreement. Unauthorized use of the Marks and the System by a franchisee constitutes a breach of the agreement and an infringement on Cream's intellectual property rights, potentially leading to legal action.
Furthermore, the agreement states that franchisees cannot contest the validity of any registration for the Marks or the System, or Cream's rights to them, either during or after the term of the franchise agreement. All provisions in the agreement relating to the Marks and the System also apply to any additional or modified components that Cream authorizes the franchisee to use.