What is Cream's policy on adverse determinations regarding copyrighted materials?
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, there are currently no effective adverse determinations regarding the copyrighted materials used in the franchise system. Cream and its affiliates claim copyrights in the Brand Manual, content on Digital Presences, advertising materials, and design elements within the Marks. Cream specifies that franchisees may only use these copyrighted works as directed and must stop using them if instructed. Cream also retains the right to modify or discontinue the use of any copyrighted works.
Cream is not obligated to protect or defend its copyrighted works, even if a franchisee brings an issue to their attention. Cream retains control over any action involving its copyrighted works and is not required to take action upon notification of infringement. Furthermore, Cream is not obligated to participate in a franchisee's defense or indemnify them for damages or expenses in any legal proceeding involving the copyrighted materials.
This policy means that while franchisees are granted a limited license to use Cream's copyrighted materials, they do so at their own risk. If a third party claims that the use of these materials infringes on their copyright, Cream is not obligated to defend the franchisee. This could potentially expose franchisees to legal liabilities and expenses, highlighting the importance of understanding the scope and limitations of the licensed copyrighted materials.