Does Cream have the right to conduct marketing activities at any location in the world?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
- (5) conduct marketing, advertising, and/or other promotional activities, events, and campaigns, at any location in the world, including in the Development Area, including events, activities, and campaigns that involve product giveaways and/or the offer and sale of products and services similar to and/or the same as those that Jeni's Ice Creams Scoop Shops sell, and/or using our trademarks;
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Cream retains the right to conduct marketing, advertising, and promotional activities at any location in the world. This includes the area where a franchisee's Cream shop is located.
This means that Cream is not restricted from marketing its brand and products, even within a franchisee's territory. These activities can include events, campaigns, product giveaways, and the sale of products similar to those offered at Cream shops, all while using Cream's trademarks.
For a prospective franchisee, this indicates that Cream maintains significant control over marketing and promotional strategies, potentially impacting the franchisee's local marketing efforts. While franchisees may conduct their own local marketing, they must ensure consistency with Cream's national or regional campaigns and system standards. This also means Cream can market and promote its brand in areas that may directly compete with a franchisee's location.
This extensive reservation of rights allows Cream to maintain brand consistency and pursue marketing opportunities globally, but it also places a responsibility on franchisees to align their local strategies with Cream's broader initiatives. Franchisees need to be aware that Cream's marketing activities could occur anywhere, including in areas where the franchisee operates.