What is the franchisee's obligation regarding notification to Crave Cookies of trademark use or claims?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
The franchise agreement obligates you to notify us of the use of, or claims of rights to, a trademark identical to or confusingly similar to a trademark licensed to you. The franchise agreement does not require us to take affirmative action when notified of these uses or claims. We have the right to control any administrative proceedings or litigation involving a trademark licensed by us to you.
Under the franchise agreement, we may require you to modify or discontinue using a trademark, at your expense.
Superior Prior Rights and Infringing Uses
We do not know of either superior prior rights or infringing uses that could materially affect your use of the principal trademarks.
Source: Item 13 — TRADEMARKS (FDD pages 31–32)
What This Means (2025 FDD)
According to Crave Cookies's 2025 Franchise Disclosure Document, franchisees are obligated to notify Crave Cookies regarding the use of, or claims of rights to, a trademark that is identical or confusingly similar to a trademark licensed to them. This obligation is outlined in the franchise agreement.
This means that if a franchisee becomes aware of another party using a similar trademark or making claims to a trademark that could be confused with the Crave Cookies brand, they must inform Crave Cookies. However, the FDD states that Crave Cookies is not required to take any specific action upon receiving such notification.
Crave Cookies retains the right to control any administrative proceedings or litigation involving a trademark licensed to the franchisee. Furthermore, Crave Cookies has the authority to require a franchisee to modify or discontinue using a trademark, and the franchisee will bear the expense of such changes. This highlights the importance of franchisees understanding their obligations and the potential costs associated with trademark issues.
Crave Cookies states that they protect the franchisee's right to use the principal trademarks and will defend against claims of infringement or unfair competition arising from the franchisee's use of the trademarks. Crave Cookies also states that they are unaware of any superior prior rights or infringing uses that could materially affect the franchisee's use of the principal trademarks.