Who controls copyright litigation related to the Crave Cookies franchise?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) Infringement by Third Party. Franchisee shall promptly notify Crave Cookies Franchising if Franchisee becomes aware of any possible infringement of a Mark by a third party. Crave Cookies Franchising may, in its sole discretion, commence or join any claim against the infringing party.
- (c) Control. Crave Cookies Franchising shall have the exclusive right to control any prosecution or defense of any Action related to possible infringement of or by the Marks.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 32–33)
What This Means (2025 FDD)
According to Crave Cookies' 2025 Franchise Disclosure Document, Crave Cookies maintains the exclusive right to control any legal actions related to potential copyright or trademark infringement. Specifically, this control extends to both the prosecution and defense of any action concerning possible infringement of or by the Marks.
This means that if a third party infringes on Crave Cookies' trademarks, Crave Cookies has the sole discretion to decide whether to pursue legal action. Conversely, if a franchisee is accused of infringing on someone else's trademark while using the Marks in accordance with the franchise agreement, Crave Cookies will handle the defense.
This arrangement protects the brand's intellectual property and ensures consistent legal strategy. It also relieves the franchisee of the burden and expense of managing such litigation, provided they are using the Marks as authorized. However, the franchisee must promptly notify Crave Cookies of any potential infringement they become aware of.