Does Crave own the trademarks, or are they licensing them from another owner?
Crave Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, Franchisor and Franchisee are parties to a franchise agreement executed on or about the Effective Date hereof (the "Franchise Agreement"), whereby Franchisor has granted Franchisee the right to use certain trademarks, including, the registered trademark "CRAVE Hot Dogs Barbecue" and design mark, and certain proprietary products, services, promotions and methods (the "System") to establish and operate a Crave restaurant (the "Restaurant") pursuant to the System**;**
WHEREAS, Covenantor may have access to some or all of the confidential information, knowledge, know-how, techniques, contents of the Crave operations manual and other materials used in or related to the System and/or concerning the methods of operation of the System (collectively referred to as "Confidential Information");
WHEREAS, the Confidential Information provides economic advantages to Franchisor and licensed users of the System, including Franchisee;
WHEREAS, Franchisee has acknowledged the importance of restricting the use, access and dissemination of the Confidential Information, and Franchisee therefore has agreed to obtain from Covenantor a written agreement protecting the Confidential Information and further protecting the System against unfair competition; and
WHEREAS, Covenantor acknowledges that the execution of this Confidentiality and Non-Compete Agreement are in partial consideration for, and a condition to the granting of, the rights granted in the Franchise Agreement to Franchisee, and that Franchisor would not have granted these rights without the execution of this Confidentiality and Non-Compete Agreement by Covenantor.
Source: Item 23 — RECEIPTS (FDD pages 63–253)
What This Means (2025 FDD)
According to Crave's 2025 Franchise Disclosure Document, the franchise agreement grants the franchisee the right to use certain trademarks, including the registered trademark "CRAVE Hot Dogs Barbecue" and design mark. This indicates that Crave owns the trademarks and licenses them to franchisees.
The agreement specifies that the franchisee is granted the right to use these trademarks and the System to operate a Crave restaurant. The Confidentiality and Non-Compete Agreement further emphasizes that the franchisor grants these rights to the franchisee, contingent upon the covenantor's agreement to protect confidential information and prevent unfair competition. This setup is typical in franchising, where the franchisor owns the brand and trademarks and allows franchisees to use them under specific conditions.
Upon termination of the franchise agreement, the franchisee must immediately cease using the "Crave" mark and any other associated trademarks, slogans, signs, and devices. They must also cancel any assumed name registrations containing the "Crave" mark. This underscores that the franchisee's right to use the trademarks is solely based on the franchise agreement and ends when the agreement is terminated, reinforcing Crave's ownership and control over its brand and trademarks.