What obligations does a Crave franchisee have (Item 9) related to trademarks (Item 13)?
Crave Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
We alone will be, and at all times will remain, the sole owner of the copyrights to all material which appears on any website we establish and maintain, including any and all material you may furnish to us for your "click through" subpage.
What This Means (2025 FDD)
According to Crave's 2025 Franchise Disclosure Document, franchisees have specific obligations regarding the use and protection of Crave's trademarks, referred to as the "Proprietary Marks." A Crave franchisee cannot use names confusingly similar to the Proprietary Marks. Franchisees are also restricted from promoting their franchised business or using any of the Proprietary Marks on social media without prior written approval from Crave. Crave maintains control over all social media initiatives. Franchisees must adhere to Crave's system standards for social media use, including restrictions on posting or blogging about the franchised business or the system, except on websites authorized by Crave. Crave will provide access to branded social media pages, which franchisees must update regularly, and Crave reserves the right to conduct collective or national campaigns via local social media on the franchisee's behalf. Crave retains sole ownership of copyrights for all material on any website it establishes, including material furnished by the franchisee for their subpage.
These obligations ensure that Crave maintains a consistent brand image and controls the use of its trademarks across all franchise locations. By controlling social media and advertising, Crave aims to prevent misuse of its brand and maintain quality control. The restrictions on social media activity are common in franchising, as franchisors seek to manage their brand reputation and marketing efforts.
The franchisee's adherence to these trademark and social media guidelines is crucial for maintaining the integrity of the Crave brand. Failure to comply with these obligations could result in a breach of the franchise agreement and potential legal consequences. Prospective franchisees should carefully review these requirements to understand the extent of their responsibilities in protecting and promoting the Crave brand.