factual

Are there any currently effective material litigation involving any of the Craters & Freighters Marks?

Craters_Freighters Franchise · 2025 FDD

Answer 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 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. The FDD also states that no currently effective litigation affects Craters & Freighters' use or ownership rights in any Mark, and no currently effective agreement limits their right to use or license the use of the Marks.

However, the document does describe past litigation. In 2010, Craters & Freighters initiated litigation against Daisychain Enterprises (dba Freight & Crate), Cathy Benz and Fred Benz for trademark infringement. 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.

Prospective franchisees should note that while there are no currently effective material litigations, Craters & Freighters has actively defended its trademarks in the past. This indicates a commitment to protecting its brand, but also suggests a potential for future legal challenges that franchisees should be aware of. Franchisees are obligated to notify Craters & Freighters of any challenges to the Marks, and Craters & Freighters will defend the Marks at their expense and as they determine, reserving the right to control any related litigation.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.