Is Crave Cookies Franchising required to mediate disputes related to the validity of its trademarks?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) Exceptions to Mediation.
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 related to the validity of its trademarks, service marks, or other intellectual property. This means that if a dispute arises concerning the validity of the Crave Cookies trademarks, the franchisee cannot compel Crave Cookies Franchising to enter mediation.
This stipulation is important for prospective franchisees to understand because it outlines specific exceptions to the general dispute resolution process. While Crave Cookies encourages amicable resolution through face-to-face meetings and mediation for most disputes, the company retains the right to bypass mediation when the dispute concerns the validity of its trademarks or other intellectual property. This protects Crave Cookies's right to immediately defend its brand and intellectual property in court if necessary.
In addition to disputes regarding intellectual property, Crave Cookies Franchising is also not required to mediate disputes related to 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. Understanding these exceptions is crucial for franchisees as it clarifies the circumstances under which they may need to be prepared to engage in a legal suit without prior mediation.