Can a Crave Cookies franchisee use the copyrighted materials during the term of the franchise?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
ARTICLE 12. MARKS
- 12.1 Authorized Marks. Franchisee shall use no trademarks, service marks or logos in connection with the Business other than the Marks. Franchisee shall use all Marks specified by Crave Cookies Franchising, and only in the manner as Crave Cookies Franchising may require. Franchisee has no rights in the Marks other than the right to use them in the operation of the Business in compliance with this Agreement. All use of the Marks by Franchisee and any goodwill associated with the Marks, including any goodwill arising due to Franchisee's operation of the Business, will inure to the exclusive benefit of Crave Cookies Franchising.
- 12.2 Change of Marks. Crave Cookies Franchising may add, modify, or discontinue any Marks to be used under the System. Within a reasonable time after Crave Cookies Franchising makes any such change, Franchisee must comply with the change, at Franchisee's expense.
12.3 Infringement.
- (a) Defense of Franchisee. If Franchisee has used the Marks in accordance with this Agreement, then (i) Crave Cookies Franchising shall defend Franchisee (at Crave Cookies Franchising's expense) against any Action by a third-party alleging infringement by Franchisee's use of a Mark, and (ii) Crave Cookies Franchising will indemnify Franchisee for expenses and damages if the Action is resolved unfavorably to Franchisee.
- (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.
- 12.4 Name. If Franchisee is an entity, it shall not use the word[s] "Crave Cookies" or any confusingly similar words in its legal name.
ARTICLE 13. COVENANTS
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 32–33)
What This Means (2025 FDD)
According to Crave Cookies's 2025 Franchise Disclosure Document, a franchisee is granted the right to use the brand's trademarks and service marks during the term of the franchise agreement, but only under specific conditions. The franchisee's use of these marks must adhere to Crave Cookies's specifications and guidelines. The franchisee has no rights to the marks other than to use them in the operation of the business in compliance with the agreement. All goodwill associated with the marks, including any goodwill arising due to the franchisee's operation of the business, will benefit Crave Cookies exclusively.
Crave Cookies retains the right to modify or discontinue any of the marks used under the system. The franchisee is responsible for complying with these changes at their own expense within a reasonable time frame after Crave Cookies implements them. This includes updating signage, marketing materials, and any other items bearing the marks.
If a franchisee uses the marks in accordance with the franchise agreement, Crave Cookies will defend the franchisee against any third-party action alleging infringement. Crave Cookies will also indemnify the franchisee for expenses and damages if the action is resolved unfavorably to the franchisee. The franchisee must promptly notify Crave Cookies of any potential infringement of a mark by a third party, and Crave Cookies has the exclusive right to control any legal action related to infringement of the marks.
Upon termination or expiration of the franchise agreement, the franchisee must return to Crave Cookies all materials containing any marks, copyrights, and other proprietary items. They must also delete all confidential information and proprietary materials from electronic devices. This ensures that the franchisee ceases all use of Crave Cookies's intellectual property upon the end of the franchise relationship.