Are there any pending opposition or cancellation proceedings involving any of the Craters & Freighters Marks?

According to the 2025 Craters & Freighters 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 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, the FDD does describe past litigation. In 2010, Craters & Freighters initiated litigation against Daisychain Enterprises (dba Freight & Crate), Cathy Benz and Fred Benz for trademark infringement, resulting in a permanent injunction against the defendants in May 2010. In early 2014, Craters & Freighters found that the defendants were violating the permanent injunction and using their name to advertise products online. In August 2015, the Defendants, proceeding pro se, filed an appeal relating the multiple judgments Craters & Freighters obtained against them thus far, which currently total more than $100,000 and are collecting interest at the maximum amount allowed under California law. The United States Court of Appeals for the Ninth Circuit rendered a decision that the lower District Court's Orders Stand – i.e., Craters & Freighters Franchise Company is the prevailing party.

Additionally, Craters & Freighters filed a Complaint in December 2016 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. As of the issuance date of this Franchise Disclosure Document, this matter remains active and is identified as case no.: 1:16-cv-02951-JLK; Craters & Freighters Franchise Company v. Kathy Benz, individually; Fred R. Benz, individually; Tyler F. Benz, individually; Steve Barnard, individually, and as an officer of Craters & Freighters, a Colorado corporation; and Craters & Freighters, a Colorado corporation. All defendants, except Tyler Benz (who settled out of court) were dismissed without prejudice (meaning Craters & Freighters Franchise Company may reinstate the lawsuit).

While there are no pending actions, the FDD indicates that Craters & Freighters is proactive in protecting its trademarks through litigation. A prospective franchisee should be aware of the potential for future legal action related to trademark protection and should consult with Craters & Freighters about their strategy for managing and defending their trademarks.