factual

Does Crave Cookies Franchising have to mediate disputes related to the validity of its trademarks?

Crave_Cookies Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisee agrees that nothing in this Agreement requires Crave Cookies Franchising to mediate disputes related to any of the following: (1) the validity of Marks, trademarks, service marks, or other Intellectual Property; (2) rights to obtain a writ of attachment or other prejudgment remedies; or (3) Disputes solely for royalty fees or marketing fund contribution fees owed by one party to the other under this Agreement.

Source: Item 22 — CONTRACTS (FDD page 47)

What This Means (2025 FDD)

According to Crave Cookies's 2025 Franchise Disclosure Document, Crave Cookies Franchising is not required to mediate disputes concerning the validity of its trademarks. The franchise agreement outlines specific exceptions to mandatory mediation. These exceptions include disputes related to the validity of the brand's marks, trademarks, service marks, or other intellectual property. Additionally, Crave Cookies Franchising does not have to mediate disputes over rights to obtain a writ of attachment or other prejudgment remedies, or disputes solely for royalty fees or marketing fund contribution fees owed by one party to the other under the agreement.

This means that if a dispute arises regarding the validity of Crave Cookies' trademarks, the franchisee cannot compel Crave Cookies Franchising to enter mediation. Crave Cookies Franchising retains the right to immediately pursue legal action to protect its intellectual property. This clause protects Crave Cookies' brand and trademarks, allowing them to act swiftly against any challenges to their validity without the delay of mediation.

For a prospective franchisee, this highlights the importance of understanding the strength and protection of the Crave Cookies trademarks. While franchisees benefit from using a recognized brand, they also acknowledge that disputes over the brand's validity will not be subject to mandatory mediation, potentially leading to quicker and more decisive legal action by Crave Cookies Franchising to protect its intellectual property.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.