What obligation does a Crave Cookies franchisee have regarding notification of similar trademarks?
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.
Source: Item 13 — TRADEMARKS (FDD pages 31–32)
What This Means (2025 FDD)
According to Crave Cookies's 2025 Franchise Disclosure Document, the franchise agreement requires franchisees to notify Crave Cookies if they become aware of any use of, or claims to, a trademark that is either identical or confusingly similar to the trademarks licensed to them by Crave Cookies. This obligation is in place to help Crave Cookies protect its brand and trademarks. However, the FDD states that Crave Cookies is not required to take any action after being notified.
This means that while a Crave Cookies franchisee is responsible for informing the franchisor of potential trademark infringements, Crave Cookies has the sole discretion to decide whether or not to pursue any legal action. Crave Cookies retains the right to control any administrative proceedings or litigation involving a trademark licensed to the franchisee.
Furthermore, Crave Cookies has the right to require a franchisee to modify or discontinue using a trademark, and the franchisee will bear the expense of doing so. This highlights the importance of franchisees adhering to Crave Cookies's trademark guidelines and promptly reporting any potential infringements to protect both the brand and their own operations.