How does the franchisor's assistance (Item 11) relate to the trademarks (Item 13) for Crave?
Crave Franchise · 2025 FDDAnswer from 2025 FDD Document
We offer franchises for the right to establish and operate a quick serve "Crave" restaurant or food truck offering hot dogs, other cased meats, barbeque items, beverages, appetizers, and side dishes ("Restaurant", "Express Restaurant", "Food Truck" or "Franchised Business"). Unless otherwise specified, Express Restaurant will also be referred to as Restaurant. If you choose to, and if permitted by your local ordinances, you may also offer beer and wine from your Restaurant. Express Restaurants and Food Trucks will not offer beer and wine. Restaurant outlets of a certain size (approximately 1,800 to 3,500 square feet) may offer axe throwing lanes. The Franchised Businesses operate under the trade name and mark "Crave" and the additional principal service marks, trademarks, trade names, logos, emblems, and indicia of origin identified in Item 13. These principal marks and all other marks which may be designated by us in the future in writing for use with the System (defined below) are referred to in this Disclosure Document as the "Marks" or "Proprietary Marks".
You are not permitted to promote your Franchised Business or use any of the Proprietary Marks in any manner or maintain any business profile on Facebook, Twitter, X, LinkedIn, Instagram, TikTok, YouTube or any other social media and/or networking site without our prior written approval. We will control all social media initiatives. You must comply with our System standards regarding the use of social media in your Franchised Business' operation, including prohibitions on your and the Franchised Business' employees posting or blogging comments about the Franchised Business or the System, other than on a website established or authorized by us ("social media" includes personal blogs, common social networks, professional networks, live-blogging tools, virtual worlds, file, audio and video-sharing sites, and other similar social networking or media sites or tools). We will provide access to branded social media
pages/handles/assets, and you must update these regularly. We reserve the right to conduct collective/national campaigns via local social media on your behalf.
In addition to these activities, we may also establish an intranet through which downloads of operations and marketing materials, exchanges of franchisee email, System discussion forums and Systemwide communications (among other activities) can be done. You may not maintain your own website; otherwise maintain a presence or advertise on the internet or any other mode of electronic commerce in connection with your Franchised Business; establish a link to any website we establish at or from any other website or page; or at any time establish any other website, electronic commerce presence or URL which in whole or in part incorporates the "Crave" name or any names confusingly similar to the Proprietary Marks.
The Fund is intended to maximize general public recognition in all media of the Proprietary Marks and patronage of Crave Restaurants and we have no obligation to ensure that expenditures of the Fund in or affecting any geographic area are proportionate or equivalent to payments of the brand development fee by franchisees operating in that geographic area, or that any Restaurant will benefit directly or in proportion to the brand development fees paid for the development of advertising and marketing materials or the placement of advertising. We are not obligated to spend any amount on advertising in your area or territory. We may use up to 5% of the Fund for advertising that is principally a solicitation for the sale of franchises.
What This Means (2025 FDD)
According to Crave's 2025 Franchise Disclosure Document, Item 11 outlines the franchisor's assistance, advertising, computer systems, and training, while Item 13 (not provided in the excerpts) would typically detail information about the brand's trademarks and service marks. Item 11 indicates that Crave offers franchises for the right to establish and operate a quick-serve restaurant or food truck under the trade name and mark "Crave" and other service marks identified in Item 13.
Crave provides assistance before the opening of a franchised business. Item 11 states that franchisees are not permitted to promote their franchised business or use any of the Proprietary Marks in any manner or maintain any business profile on social media without prior written approval. Crave will control all social media initiatives and provide access to branded social media pages/handles/assets, which franchisees must update regularly. Crave also reserves the right to conduct collective/national campaigns via local social media on the franchisee's behalf.
Crave may also establish an intranet for operations and marketing materials, franchisee email exchanges, system discussion forums, and system-wide communications. Franchisees cannot maintain their own website or advertise on the internet using the "Crave" name or confusingly similar names without permission. The franchisor retains sole ownership of copyrights to all material on any website they establish, including franchisee-furnished content for their subpage.
Crave also utilizes a marketing fund to maximize general public recognition in all media of the Proprietary Marks and patronage of Crave Restaurants. The franchisor has the right to direct all advertising activities with sole discretion over creative concepts, materials, and media used, as well as their placement and allocation. The fund is intended to maximize general public recognition in all media of the Proprietary Marks and patronage of Crave Restaurants, and Crave has no obligation to ensure that expenditures of the Fund in or affecting any geographic area are proportionate or equivalent to payments of the brand development fee by franchisees operating in that geographic area, or that any Restaurant will benefit directly or in proportion to the brand development fees paid for the development of advertising and marketing materials or the placement of advertising. Crave is not obligated to spend any amount on advertising in a franchisee's area or territory and may use up to 5% of the Fund for advertising that is principally a solicitation for the sale of franchises.