To whom does the goodwill from the use of the Crepe De Licious Marks accrue?
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 13 — TRADEMARKS (FDD pages 43–45)
What This Means (2025 FDD)
According to the 2025 Crepe De Licious Franchise Disclosure Document, all rights and goodwill generated from the use of the Crepe De Licious Marks accrue to Crepe De Licious Holding USA, Inc. This means that while franchisees are granted the right to use the trademarks and associated branding to operate their businesses, the long-term value and reputation associated with the brand ultimately benefit the franchisor.
This is a standard practice in franchising. The franchisor invests in developing the brand and its associated trademarks, and therefore retains ownership of the goodwill. This ensures consistency and quality across all franchise locations, as the franchisor maintains control over the brand's image and standards.
For a prospective Crepe De Licious franchisee, this means that while they can leverage the established brand recognition to attract customers, they do not build equity in the brand itself. The franchisee's efforts in building a successful Crepe De Licious location contribute to the overall brand reputation, but the franchisor ultimately benefits from this increased goodwill. This is an important consideration for franchisees as they evaluate the long-term value of their investment.