Is Crave Cookies obligated to protect its copyrights?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
likely to materially and unfavorably affect the Crave Cookies brand;
- (xiv) Franchisee fails to meet the health inspection standards described in Section 7.3(e) two or more times in any 36-month period; or
- (xv) Franchisee fails to achieve a passing score on an inspection conducted by Crave Cookies Franchising, LLC two or more times in any 36-month period.
- 14.3 Effect of Termination. Upon termination or expiration of this Agreement, all obligations that by their terms or by reasonable implication survive termination, including those pertaining to non-competition, confidentiality, indemnity, and dispute resolution, will remain in effect, and Franchisee must immediately:
- (i) pay all amounts owed to Crave Cookies Franchising based on the operation of the Business through the effective date of termination or expiration;
- (ii) return to Crave Cookies Franchising all copies of the Manual, Confidential Information and any and all other materials provided by Crave Cookies Franchising to Franchisee or created by a third party for Franchisee relating to the operation of the Business, and all items containing any Marks, copyrights, and other proprietary items; and delete all Confidential Information and proprietary materials from electronic devices;
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 32–33)
What This Means (2025 FDD)
Based on the 2025 Crave Cookies Franchise Disclosure Document, while there is no explicit statement that Crave Cookies is obligated to protect its copyrights, the agreement emphasizes the protection of Crave Cookies's interests in its system and marks. Specifically, the franchise agreement states that any required specifications and standards are in place to protect Crave Cookies's interest in the system, the marks, and the goodwill established in them. This suggests that Crave Cookies takes measures to safeguard its brand assets, including copyrights, as part of maintaining the integrity and value of the franchise system.
Furthermore, the franchise agreement outlines that upon termination or expiration of the agreement, the franchisee must return all materials containing any marks, copyrights, and other proprietary items to Crave Cookies. This clause indicates that Crave Cookies retains ownership and control over its copyrighted materials and expects franchisees to respect these rights. The franchisee is also required to delete all confidential information and proprietary materials from electronic devices, reinforcing the importance of protecting Crave Cookies's intellectual property.
Additionally, the franchise agreement addresses unauthorized use of confidential information or the marks, specifying that claims related to such unauthorized use are not subject to certain time limits for legal claims. This provision implies that Crave Cookies is prepared to take legal action against any unauthorized use of its confidential information or marks, which would include copyrighted materials. While the FDD does not explicitly state an obligation to protect copyrights, the various clauses and requirements suggest that Crave Cookies actively manages and protects its intellectual property rights as part of its franchise operations.