With whom are Crave franchisees and their principals prohibited from communicating regarding any infringement, challenge, or claim related to the Crave marks, other than Crave itself?
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.
Source: Item 13 — TRADEMARKS (FDD pages 46–47)
What This Means (2025 FDD)
According to Crave's 2025 Franchise Disclosure Document, franchisees and their principals are restricted in who they can communicate with regarding any issues related to the brand's trademarks. Specifically, if there's an apparent infringement, a challenge to the use of the trademarks, or any claim by another party regarding rights to the trademarks, franchisees must immediately notify Crave.
The FDD strictly prohibits franchisees and their principals from communicating with any person other than Crave itself, its designated affiliates, Crave's counsel, and the franchisee's own counsel about these matters. This is to ensure that Crave maintains control over how its trademarks are defended and managed. Crave retains the exclusive right to control any litigation or proceedings related to trademark issues.
This requirement means that franchisees must direct all communications regarding trademark issues through the proper channels, involving Crave and legal counsel, to protect the brand's interests. Franchisees are also obligated to sign documents and take actions deemed necessary by Crave's counsel to protect the trademarks. This coordinated approach helps Crave maintain a consistent and effective strategy for protecting its brand identity and legal rights.