What is the purpose of Crave continuing to develop, use, and control the Marks?
Crave Franchise · 2025 FDDAnswer from 2025 FDD Document
- 4.4 We and our affiliates retain all rights not expressly granted to you with respect to Crave outlets, the Marks and the sale of any goods and services, anywhere in the world, including, without limitation, the right:
- 4.4.1 to produce, offer and sell and to grant others the right to produce, offer and sell the products offered at dedicated Crave outlets and any other goods displaying the Marks or other trade and service marks through alternative distribution channels, as described below, both within and outside the Development Area, and under any terms and conditions we deem appropriate. "Alternative distribution channels" include, but are not limited to, the internet, catalog sales, grocery stores, club stores, specialty food stores, telemarketing or other direct marketing sales;
- 4.4.2 to operate and to grant others the right to operate dedicated Crave outlets located outside the Development Area under any terms and conditions we deem appropriate and regardless of proximity to a Franchised Business;
You shall require all advertising and promotional materials, signs, decorations, paper goods (including menus and all forms and stationery used in the Franchised Business), and other items which may be designated by us to bear the Marks in the form, color, location and manner prescribed by us, including, without limitation, notations about the ownership of the Marks.
Unless otherwise authorized or required by us, you shall operate and advertise the Franchised Business only under the name "Crave" without prefix or suffix. You shall not use the Marks, or any portions, variations, or derivatives thereof, as part of your corporate or other legal name and shall obtain our approval of a trade name or "d/b/a" prior to filing it with the applicable state authority.
You shall comply with our instructions in filing and maintaining the requisite trade name or fictitious name registrations and shall execute any documents deemed necessary by us or our counsel to obtain protection of the Marks or to maintain their continued validity and enforceability.
You shall immediately and permanently cease to use, in any manner whatsoever, any confidential methods, computer software, procedures, and techniques associated with the System; the mark "Crave"; and all other Marks and distinctive forms, slogans, signs, symbols, and devices associated with the System. In particular, you shall cease to use, without limitation, all signs, advertising materials, displays, stationery, forms and any other articles which display the Marks, and shall immediately change all paint colors, remove all of our proprietary or non-proprietary design items.
You shall take such action as may be necessary to cancel any assumed name or equivalent registration which contains the mark "Crave" or any other service mark or trademark of ours, and you shall furnish us with evidence satisfactory to us of compliance with this obligation within five (5) days after termination or expiration of this Agreement.
You agree, in the event you continue to operate or subsequently begin to operate any other business, not to use any reproduction, counterfeit, copy or colorable imitation of the Marks, either in connection with such other business or the promotion thereof, which is likely to cause confusion, mistake or deception, or which is likely to dilute our rights in and to the Marks, and further agree not to utilize any designation of origin or description or representation which falsely suggests or represents an association or connection with us constituting unfair competition.
Source: Item 23 — RECEIPTS (FDD pages 63–253)
What This Means (2025 FDD)
Based on the 2025 FDD, Crave retains specific rights regarding the use of its trademarks and brand identity to maintain control over its brand and ensure consistency across all franchise locations. Crave has the right to produce, offer, and sell products associated with its outlets, including those bearing the Marks, through various distribution channels. This includes the internet, grocery stores, and other alternative channels, both within and outside a franchisee's development area. Crave also retains the right to operate or franchise others to operate Crave outlets outside a franchisee's designated development area under terms they deem appropriate.
This control extends to advertising and promotional materials, where Crave mandates that all materials bearing the Marks adhere to their prescribed form, color, location, and manner. Franchisees must operate and advertise their businesses solely under the name "Crave" unless otherwise authorized, and they must identify themselves as independent owners in conjunction with any use of the Marks. Franchisees are also required to comply with Crave's instructions for trade name registrations and to execute documents necessary to protect the Marks' validity.
Upon termination of the franchise agreement, franchisees must immediately cease using the Marks and associated materials, including signs and advertising. They must also cancel any assumed name registrations containing the "Crave" mark. Furthermore, franchisees are prohibited from using similar marks that could cause confusion or dilute Crave's rights, ensuring the continued protection of the brand's identity and reputation.
Crave's strict control over its Marks is crucial for maintaining brand consistency, protecting its intellectual property, and ensuring that the brand's reputation is not diluted or misrepresented. This approach allows Crave to explore alternative distribution channels and expand its reach while maintaining a uniform brand image. For a franchisee, this means adhering to Crave's standards and guidelines in all aspects of their business, from advertising to product offerings, to ensure compliance and protect the overall brand integrity.