What specific actions were the Defendants permanently restrained and enjoined from doing in the Craters & Freighters litigation?
Craters_Freighters Franchise · 2025 FDDAnswer from 2025 FDD Document
In 2010, we initiated litigation against Daisychain Enterprises (dba Freight & Crate), Cathy Benz and Fred Benz ("Defendants") for trademark infringement. The Defendants were using the name "Freight & Crate" in the operation of a business in California similar to a Craters & Freighters Franchised Business. On May 5, 2010, the United States District Court for the Northern District of California issued a permanent injunction against the Defendants. The court permanently restrained and enjoined them from (a) using the infringing mark "Freight & Crate" in conjunction with any shipping or packaging services; (b) using the infringing mark "Freight & Crate" in conjunction with any web-based advertisement or print advertisement; (c) using the infringing mark "Freight & Crate" at any call center to suggest that Freight & Crate is affiliated with Craters & Freighters; (d) identifying themselves anywhere or any time, by their initiative or in response to questions by others, as "Craters & Freighters" or as affiliated with Craters & Freighters; (e) using Craters & Freighters' copyrighted materials in advertisements and promotions; and (f) using the registered trademark "Craters & Freighters" for any purpose whatsoever.
Source: Item 13 — TRADEMARKS (FDD pages 32–34)
What This Means (2025 FDD)
According to the 2025 Craters & Freighters Franchise Disclosure Document, Craters & Freighters initiated litigation against Daisychain Enterprises (dba Freight & Crate), Cathy Benz and Fred Benz (“Defendants”) for trademark infringement. On May 5, 2010, the United States District Court for the Northern District of California issued a permanent injunction against the Defendants.
The court order specifically restrained and enjoined the defendants from several activities. These include using the infringing mark "Freight & Crate" in conjunction with any shipping or packaging services, as well as using the mark in any web-based or print advertising. The defendants were also prohibited from using the mark at any call center in a way that suggests Freight & Crate is affiliated with Craters & Freighters.
Furthermore, the defendants were barred from identifying themselves as "Craters & Freighters" or as affiliated with Craters & Freighters, whether on their own initiative or in response to inquiries. They were also prohibited from using Craters & Freighters' copyrighted materials in advertisements and promotions. Finally, the injunction prevented them from using the registered trademark "Craters & Freighters" for any purpose whatsoever.