Who has the right to control litigation related to the Craters & Freighters Marks?

According to Craters & Freighters' 2025 Franchise Disclosure Document, Craters & Freighters reserves the right to control any litigation related to its Marks. This means that if there are any legal disputes involving the Craters & Freighters trademarks, the company has the authority to manage and direct the legal proceedings.

For a prospective franchisee, this indicates that Craters & Freighters will take the lead in protecting its brand and trademarks. If a franchisee encounters a situation where the Craters & Freighters Marks are being challenged or infringed upon, they are required to notify Craters & Freighters. The company will then decide how to proceed with the legal action.

This arrangement benefits the franchisee by relieving them of the financial and logistical burden of defending the trademarks themselves. However, it also means that the franchisee has limited control over the litigation strategy and decisions, as Craters & Freighters retains the ultimate authority. The franchisee must rely on Craters & Freighters to protect the Marks effectively.

Craters & Freighters also states that franchisees must notify them of any challenges to the Marks, and that their Franchise Agreement requires them to take affirmative action when notified of any challenges or any trademark that is similar or confusing to the public. Craters & Freighters will defend the Marks at their expense and as they determine.