Does Cream own any patents that are material to the franchise?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
We do not own any patents that are material to the franchise. We have not filed any patent applications that are material to the franchise.
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 does not own any patents that are material to the franchise. Furthermore, Cream has not filed any patent applications that are material to the franchise. This means that franchisees will not be relying on any patented technology or processes that are central to the Cream franchise system.
However, Cream does claim copyrights in several areas, including the Brand Manual, content on Digital Presences, advertising materials, and design elements within the Marks. Cream has not registered these copyrights with the U.S. Copyright Office. Franchisees are allowed to use these copyrighted works as specified by Cream while operating their shop, but they must stop using them if directed to do so. Cream retains the right to modify or discontinue the use of any subject matter covered by these copyrights.
Cream does not have any obligations to protect or defend its copyrighted works, even if a franchisee brings an infringement matter to their attention. Cream also does not need to take action when notified of infringement or participate in a franchisee's defense, nor are they required to indemnify franchisees for damages or expenses related to proceedings involving the copyrighted works. This indicates that Cream maintains control over its copyrighted materials but places the responsibility and risk of any potential copyright issues on the franchisee.