What are 'Marks' as defined in the Crepe De Licious Confidentiality Agreement?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
roperty.
"Franchisee" means the Crepe de licious franchisee for which you are an employee, independent contractor, agent, representative, or supplier.
"Intellectual Property" means, collectively or individually, our Marks, Copyrights, Know-how, Manual, and System.
"Know-how" means all of our trade secrets and other proprietary information relating to the development, construction, marketing, and/or operation of a Crepe de li
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to Crepe De Licious's 2025 Franchise Disclosure Document, the Confidentiality Agreement defines "Marks" as the logotypes, service marks, and trademarks currently or in the future used in the operation of a Crepe De Licious business. This definition specifically includes "CREPE DE LICIOUS" and any other trademarks, service marks, or trade names that Crepe De Licious designates for use by its businesses.
In practical terms, this means that the "Marks" encompass all branding elements that identify a Crepe De Licious franchise. This includes not only the registered trademarks and service marks but also any distinctive trade dress, which refers to the overall visual appearance and design of the business. The definition extends to any such elements whether they exist now or are created in the future.
For a prospective franchisee, understanding this definition is crucial because it clarifies what proprietary assets they are licensed to use but do not own. It also highlights the importance of protecting these Marks, as they are vital to the brand's identity and success. The franchisee is obligated to use these Marks in accordance with Crepe De Licious's guidelines and to avoid any actions that could dilute or infringe upon them.