Who handles disputes with third parties concerning the use of the Marks for Crepe De Licious?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
10.05 Infringement and Litigation. You will promptly notify us in writing of (a) any adverse or infringing uses of the Marks (or names or symbols confusingly similar), Confidential Information (as defined in Section 11.01) or other System intellectual property, and (b) any threatened or pending litigation related to the Marks or System against (or naming as a party) you or us, of which you become aware. We or our affiliates will handle disputes with third parties conc
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to Crepe De Licious's 2025 Franchise Disclosure Document, Crepe De Licious or its affiliates will handle disputes with third parties concerning the use of the Marks. The Marks refer to the logotypes, service marks, and trademarks involved in the operation of a Crepe De Licious business, including "CREPE DE LICIOUS," and any other trademarks, service marks, or trade names that Crepe De Licious designates for use by a Crepe De Licious business. The term "Marks" also includes any distinctive trade dress used to identify a Crepe De Licious business, whether now in existence or hereafter created.
This means that if another business or individual is using trademarks or service marks that are confusingly similar to Crepe De Licious's, Crepe De Licious will take the lead in resolving the issue. As a franchisee, you are required to promptly inform Crepe De Licious in writing of any adverse or infringing uses of the Marks, confidential information, or other system intellectual property. You must also report any threatened or pending litigation related to the Marks or System against you or Crepe De Licious that you become aware of.
This arrangement protects the brand's intellectual property and ensures consistent brand representation. It also relieves the franchisee of the burden and expense of pursuing legal action on their own. However, it also means that the franchisee has no direct control over how these disputes are handled, and must rely on Crepe De Licious to protect their interests. Franchisees are obligated to cooperate fully with Crepe De Licious in maintaining registrations and prosecuting applications for the Marks, and otherwise securing and preserving their rights in and to the Marks.
This is a fairly standard arrangement in franchising, as franchisors typically retain control over their trademarks and brand identity. Franchisees benefit from the franchisor's expertise and resources in protecting the brand, while the franchisor ensures consistent enforcement of its intellectual property rights across the entire franchise system.