factual

Are there any pending infringement proceedings 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 the 2025 Craters & Freighters Franchise Disclosure Document, there are no currently effective material determinations by the USPTO, the Trademark Trial and Appeal Board, or any court, and there are no pending infringement, opposition, or cancellation proceedings, or any pending material litigation involving any of the Craters & Freighters Marks. The document 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, Craters & Freighters was involved in litigation in the past with Daisychain Enterprises (dba Freight & Crate) for trademark infringement, which resulted in a permanent injunction against the defendants.

Additionally, 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 against a Colorado-based company called Craters & Freighters. As of the issuance date of the 2025 Franchise Disclosure Document, this matter remained active. All defendants, except Tyler Benz (who settled out of court) were dismissed without prejudice (meaning Craters & Freighters Franchise Company may reinstate the lawsuit).

It is important to note that Craters & Freighters does not have a federal registration for the trademark "EXPERTISE THAT DELIVERS", which means it does not have as many legal benefits and rights as a federally registered trademark. If Craters & Freighters' right to use this trademark is challenged, franchisees may have to change to an alternative trademark, which may increase their expenses. Before opening a Franchised Business, prospective franchisees should research the possibility of other businesses using similar trademarks to avoid the possibility of having to change their business name.

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.