Does any currently effective litigation affect Craters & Freighters' use or ownership rights in any Mark?
Craters_Freighters Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court, any pending infringement, opposition or cancellation proceedings or any pending material litigation involving any of the Marks. No currently effective litigation affects our use or ownership rights in any Mark. No currently effective agreement limits our right to use or license the use of the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 32–34)
What This Means (2025 FDD)
According to Craters & Freighters' 2025 Franchise Disclosure Document, there is no currently effective litigation that affects their use or ownership rights in any Mark. However, the document does detail past and ongoing legal actions related to trademark infringement. Specifically, Craters & Freighters initiated litigation in 2010 against Daisychain Enterprises (dba Freight & Crate) and its principals for trademark infringement, resulting in a permanent injunction against the defendants.
In early 2014, Craters & Freighters found that the Defendants were violating the permanent injunction and using their name to advertise products online. In December 2016, Craters & Freighters filed a complaint in the United States District Court for the District of Colorado alleging civil conspiracy, false designation of origin and false representation, violation of the Lanham Act, violation of the Colorado Consumer Protection Act, unfair competition, and common law trademark and trade name infringement. As of the issuance date of the 2025 Franchise Disclosure Document, this matter remains active.
Prospective franchisees should be aware that while there is no currently effective litigation impacting Craters & Freighters' trademark rights, the company has a history of actively defending its trademarks through legal action. Additionally, the FDD notes that there could be other businesses using trademarks similar to Craters & Freighters' with superior rights. Therefore, before opening a franchise, a prospective franchisee should conduct thorough research to avoid potential conflicts and the need to change their business name.