What documents must a Crave franchisee sign to protect Crave's interests in litigation or USPTO proceedings related to the Crave marks?
Crave Franchise · 2025 FDDAnswer from 2025 FDD Document
You must immediately notify us of any apparent infringement of the Marks or challenge to your use of any of the Marks or claim by any person of any rights in any of the Marks. You and your Principals are not permitted to communicate with any person other than us, or any designated affiliate, our counsel and your counsel involving any infringement, challenge, or claim. We can take action and have the right to exclusively control any litigation or USPTO or other administrative or agency proceeding caused by any infringement, challenge or claim or otherwise relating to any of the Marks. You must sign any and all documents, and do what may, in our counsel's opinion, be necessary or advisable to protect our interests in any litigation or USPTO or other administrative or agency proceeding or to otherwise protect and maintain our interests and the interests of any other person or entity (including any affiliate) having an interest in the Marks.
We will indemnify you against and reimburse you for all damages for which you are held liable for your use of any of the Marks, provided that the conduct of you and your Principals in the proceeding and use of the Marks is in full compliance with the terms of the Franchise Agreement.
Source: Item 13 — TRADEMARKS (FDD pages 46–47)
What This Means (2025 FDD)
According to Crave's 2025 Franchise Disclosure Document, if there is any litigation, USPTO, or other administrative proceeding related to Crave's marks, franchisees must sign any and all documents that Crave's counsel deems necessary or advisable to protect Crave's interests. This obligation extends to protecting the interests of any other person or entity, including affiliates, that have an interest in the marks.
This requirement ensures that Crave can fully control and defend its trademarks. It prevents franchisees from taking actions that could harm the brand's legal position. It also allows Crave to act quickly and decisively in response to any challenges to its trademarks.
While the FDD specifies that franchisees must sign documents, it does not detail the types of documents that may be required. These could include affidavits, declarations, assignments, or other legal papers necessary for litigation or administrative proceedings. Franchisees should be aware that they may be called upon to execute such documents and should cooperate fully with Crave and its counsel in these matters.
Crave will indemnify franchisees against damages they are held liable for regarding the use of Crave's marks, provided that the franchisee's conduct is in full compliance with the terms of the Franchise Agreement.