What year did Craters & Freighters initiate litigation against Daisychain Enterprises?
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 Craters & Freighters's 2025 Franchise Disclosure Document, Craters & Freighters initiated litigation against Daisychain Enterprises in 2010. The lawsuit was filed due to trademark infringement, as Daisychain Enterprises (doing business as Freight & Crate) was operating a similar business in California using the name "Freight & Crate." Craters & Freighters sought legal action to protect its trademarks and brand identity.
The initial legal action resulted in a permanent injunction issued by the United States District Court for the Northern District of California on May 5, 2010. This injunction prohibited Daisychain Enterprises from using the infringing mark "Freight & Crate" in their business operations, advertisements, and online presence. The court order aimed to prevent any further confusion or association between Daisychain Enterprises and Craters & Freighters.
However, the legal battle did not end there. In early 2014, Craters & Freighters discovered that Daisychain Enterprises was violating the permanent injunction by using their name to advertise products online. This led to further legal action, including sending a demand letter in February 2014 and seeking civil and criminal contempt charges in March 2014. The defendants were ordered to appear in court in May 2015. The continued legal actions demonstrate Craters & Freighters's commitment to protecting its trademarks and enforcing its rights against infringement.