Can a Crepe De Licious franchisee use domain names similar to the Marks?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
You must follow our rules when using the Marks. You cannot use our name or Mark as part of a corporate name or with modifying words, designs, or symbols unless you receive our prior written consent. You must indicate to the public in any contract, advertisement, and with a conspicuous sign in your Crepe de licious Business that you are an independently-owned and operated licensed franchisee of Crepe de licious Holding USA, Inc. You may not use the Marks in the sale of unauthorized products or services, or in any manner we do not authorize. You may not use the Marks in any advertising for the transfer, sale, or other disposition of the Crepe de licious Business, or any interest in the Franchise. All rights and goodwill from the use of the Marks accrue to us.
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD pages 47–48)
What This Means (2025 FDD)
According to the 2025 Crepe De Licious Franchise Disclosure Document, franchisees cannot use the Crepe De Licious name or marks as part of a corporate name or with modifying words, designs, or symbols without prior written consent from Crepe De Licious. Franchisees must also indicate in any contract, advertisement, and with a conspicuous sign in their Crepe De Licious Business that they are an independently-owned and operated licensed franchisee of Crepe de licious Holding USA, Inc. Franchisees may not use the Marks in the sale of unauthorized products or services, or in any manner Crepe De Licious does not authorize.
This means that a franchisee's ability to use domain names similar to the brand's marks is heavily restricted. They cannot simply create a domain name that incorporates the brand's name with slight modifications. Doing so would require explicit written permission from Crepe De Licious, which may or may not be granted. This protects the brand's identity and ensures consistent representation across all online platforms.
The franchisee's website and online presence must clearly state that the franchise is independently owned and operated. This is a common practice in franchising to distinguish individual franchise locations from the overall corporate brand. It helps manage customer expectations and clarifies responsibility for local operations.
All rights and goodwill from the use of the Marks accrue to Crepe De Licious. This reinforces that the franchisee's use of the brand's trademarks benefits the franchisor, and the franchisee does not gain ownership or independent rights to those marks through their franchise operation. This is standard in franchising, as the brand's intellectual property remains with the franchisor.