Under what condition can a Cream franchisee use the Marks as part of any Digital Presence?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
st 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.
B. USE OF MARKS AND SYSTEM.
You are hereby granted a limited, non-exclusive license to use the Marks and the System, during the Term, strictly to operate your Shop in compliance with the terms of this Agreement and our System Standards. You have no right to sublicense or assign your right to use the Marks and the System. You agree to use and display the Marks in the style and graphic manner we describe in the Brand Manual. You may not use any other trademarks, service marks, commercial symbols, other than the Marks, to identify or operate your Shop. You may not use any Mark: (1) as part of any corporate or legal business name; (2) with any unauthorized prefix, suffix, or other modifying words, terms, designs, or symbols; (3) in selling any unauthorized services or products; (4) as part of any Digital Presence (as defined in Section 9.E), except in accordance with our guidelines set forth in the Brand Manual; or (5) in any other manner that we have not expressly authorized in writing. You may not use any Mark in advertising the transfer, sale, or other disposition of your Shop or an ownership interest in you without our prior written consent. You agree to display the Marks prominently as we prescribe at your Shop and on forms, advertisements, supplies, and other materials we designate. You agree to give the notices of trade and service mark registrations that we specify and to obtain any fictitious or assumed name registrations required under applicable law. You agree, during and after the Term, not to directly or indirectly appropriate, use, or duplicate the System or System Standards, or any portion thereof, for use in any other business or endeavor.
C. NOTIFICATION OF INFRINGEMENTS AND CLAIMS.
You agree to notify us immediately of any apparent infringement or challenge to your use of the Marks or the System, or of any person's claim of any rights in the Marks or the System, and not to communicate with any person other than us, our affiliates, and our and their attorneys, and your
attorneys, regarding any infringement, challenge, or claim. We and our affiliates may take the action we or they deem appropriate (including no action) and control exclusively any litigation or other legal or administrative proceeding arising from any infringement, challenge, or claim or otherwise concerning the Marks or the System.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, a franchisee can use the Cream Marks as part of any Digital Presence if it is in accordance with the guidelines set forth in the Brand Manual. A "Digital Presence" is defined as any website, social media page, or any associated data, content, and/or related services used to advertise, market, and promote Cream shops.
Cream maintains final approval rights over all information and content on any Digital Presence relating to their system, displaying the Marks, and/or promoting shops. Cream may also use the Brand Fund's assets to develop, maintain, and update any Digital Presence. If a franchisee is in default of any obligation under the Franchise Agreement, Cream may remove references to the franchisee's shop from any Digital Presences that they manage or maintain.
Except as expressly authorized by Cream, a franchisee may not develop, maintain, or authorize any Digital Presence that mentions their shop, links to any Digital Presence that Cream manages or maintains, or displays any of the Marks. Franchisees also cannot engage in any promotional or similar activities, or sell any products or services, whether directly or indirectly, through any Digital Presence, without Cream's prior written approval. If Cream approves the use of any such Digital Presence in the operation of the shop, the franchisee will develop and maintain such Digital Presence only in accordance with Cream's guidelines, including their guidelines for posting any messages or commentary on third-party websites and/or maintaining an online privacy policy. Unless Cream specifies otherwise, they will own the rights to each such Digital Presence that the franchisee manages. Cream can request access to each Digital Presence and take action to evidence their ownership of such Digital Presence, or to help them obtain exclusive rights and administrative control over such Digital Presence. Cream may also require franchisees to use any supplier they designate to manage any and all Digital Presences associated with their shop and/or the Cream system, including that they may require franchisees to engage a supplier they have designated or approved to manage content and/or comments and responses on any and all Digital Presences, including comments and responses to customers of their shop.