Does Cream register its copyrights with the U.S. Copyright Office?
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 claims copyrights to various materials but does not register them with the U.S. Copyright Office. These copyrighted materials include the Brand Manual, content on Digital Presences, advertising materials, and design elements within the Marks, as well as other advertising or marketing materials used in operating Jeni's Ice Creams Scoop Shops and the System. As a franchisee, you are permitted to use these copyrighted works only as specified by Cream while operating your shop, and you must discontinue their use if directed by Cream. Cream retains the right to modify or discontinue the use of any subject matter covered by these copyrights.
Cream explicitly states that it is not obligated to protect or defend its copyrighted works. Furthermore, Cream maintains control over any action involving the copyrighted works, even if a franchisee brings the matter to their attention. Cream is not required to take affirmative action upon notification of infringement, participate in a franchisee's defense, or indemnify a franchisee for damages or expenses in any legal proceeding related to the copyrighted works.
This arrangement carries implications for prospective Cream franchisees. While franchisees are granted the right to use Cream's copyrighted materials, they do so under specific conditions and without any guarantee of Cream's active defense or protection of those copyrights. This means that if a third party were to challenge the use of these materials, the franchisee would not necessarily receive direct support or indemnification from Cream. It is important for potential franchisees to understand the scope and limitations of their rights regarding the use of Cream's intellectual property and to consider the potential risks associated with this arrangement.