Who owns the rights, title, and interest to the Craters & Freighters Marks?
Craters_Freighters Franchise · 2025 FDDAnswer from 2025 FDD Document
- 8.1 Ownership of Marks. Franchisee acknowledges Franchisor is the exclusive owner of all right, title, and interest, together with all the goodwill, of the Marks. Nothing herein shall give Franchisee any right, title, or interest in or to any of the Marks, except a mere privilege during this Agreement to display and use the Marks according to the standards and specifications established by Franchisor in this Agreement and the Operations Manuals.
- 8.2 Permitted Use. Franchisee acknowledges and agrees that Franchisee's use of the Marks applies only in connection with the operation of the Franchised Business, and includes only such Marks as are now designated, or which may hereafter be designated in the Operations Manuals or otherwise in writing as part of the System (which might or might not be all of the Marks pertaining to the System owned by Franchisor), and does not include any other mark, name, or indicia of origin of Franchisor now existing or which may hereafter be adopted or acquired by Franchisor.
- 8.3 No Contest. Franchisee agrees that, during the term of this Agreement and after its termination or expiration and non-renewal, Franchisee will not directly or indirectly contest or aid in contesting the validity of the Marks or the ownership or rights of the Marks by Franchisor. Furthermore, Franchisee intends and hereby concedes that any commercial use Franchisee may make of the Marks will contribute and inure to the commercial use and benefit of Franchisor, which Franchisor may claim to strengthen and further secure ownership of the Marks. In the event that Franchisee acquires any rights, title or interest in the Marks, Franchisee agrees to assign and hereby assigns all such rights, title, or interest to Franchisor.
- 8.4 DBA Name. When communicating with the public, Franchisee agrees to identify itself as "Craters & Freighters" or "Craters & Freighters of {location}" as set forth on the cover page of this Agreement.
- 8.5 Use of Marks on the Internet.
Franchisor retains the sole right to use the Marks and market on the Internet, including all of use website, domain names, URLs, linking, advertising, and co-branding arrangements.
Source: Item 22 — CONTRACTS (FDD pages 49–50)
What This Means (2025 FDD)
According to the 2025 Craters & Freighters Franchise Disclosure Document, Craters & Freighters is the exclusive owner of all rights, title, and interest in its Marks. This includes all associated goodwill. As a franchisee, you are only granted a limited privilege to use these Marks during the term of your Franchise Agreement. This usage must adhere to the standards and specifications outlined by Craters & Freighters in the agreement and its Operations Manuals.
Your right to use the Craters & Freighters Marks is specifically tied to the operation of your franchised business. You are only permitted to use the Marks that Craters & Freighters designates as part of its System, which may not include all Marks owned by the company. You cannot use any other trademarks or branding elements that Craters & Freighters owns now or may acquire in the future without explicit permission.
The Franchise Agreement also stipulates that you cannot contest the validity, ownership, or rights of Craters & Freighters concerning its Marks, both during and after the agreement's term. Any commercial use of the Marks by you is considered to contribute to the benefit of Craters & Freighters, reinforcing their ownership. Should you inadvertently acquire any rights to the Marks, you are obligated to assign those rights to Craters & Freighters.
Craters & Freighters retains the sole right to use the Marks for internet marketing, including website use, domain names, URLs, advertising, and co-branding arrangements. When communicating with the public, you must identify your business as "Craters & Freighters" or "Craters & Freighters of {location}" as specified in the Franchise Agreement.