What form of notification is required when informing Crave of an action, suit, or proceeding?
Crave Franchise · 2025 FDDAnswer from 2025 FDD Document
9.4 Notification of Infringement or Claim
You shall notify usimmediately by telephone and thereafter in writing of any apparent infringement of or challenge to your use of any Mark, of any claim by any person of any rights in any Mark, and you and the Principals shall not communicate with any person other than us, our counsel and your counsel in connection with any such infringement, challenge or claim. We shall have complete discretion to take such action as we deem appropriate in connection with the foregoing, and the right to control exclusively, any settlement, litigation or Patent and Trademark Office or other proceeding arising out of any such alleged infringement, challenge or claim or otherwise relating to any Mark. You agree to execute any and all instruments and documents, render such assistance, and do such acts or things as may, in our opinion, reasonably be necessary or advisable to protect and maintain our interests in any litigation or other proceeding or to otherwise protect and maintain the interests of us or any other interested party in the Marks. We will indemnify you and hold you harmless from and against any and all claims, liabilities, costs, damages and reasonabl
Source: Item 23 — RECEIPTS (FDD pages 63–253)
What This Means (2025 FDD)
According to Crave's 2025 Franchise Disclosure Document, if a franchisee experiences any apparent infringement or challenge to the use of any Mark, or any claim by any person of any rights in any Mark, they must notify Crave immediately by telephone and thereafter in writing. The franchisee and its principals should not communicate with any person other than Crave, their counsel, and the franchisee's counsel regarding the infringement, challenge, or claim.
Crave has complete discretion to take action it deems appropriate and has the right to exclusively control any settlement, litigation, or Patent and Trademark Office or other proceeding arising out of any alleged infringement, challenge, or claim relating to any Mark. The franchisee must execute all instruments and documents, render assistance, and perform acts that Crave deems reasonably necessary to protect and maintain its interests in any litigation or other proceeding or to otherwise protect and maintain the interests of Crave or any other interested party in the Marks.
Crave will indemnify the franchisee and hold them harmless from and against any and all claims, liabilities, costs, damages, and reasonable expenses, including legal fees, resulting from following Crave's directions. This ensures that the franchisee is protected from financial losses incurred while assisting Crave in protecting its trademarks and interests.