Is Crepe De Licious obligated to pursue infringing users of its Marks?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
We will defend you against any claim brought against you by a third party that your use of the Marks, in accordance with the Franchise Agreement, infringes upon that party's intellectual property rights. We may require your assistance, but we will exclusively control any proceeding or litigation relating to our Marks. We have no obligation to pursue any infringing users of our Marks. If we learn of an infringing user, we will take the action appropriate, but we are not required to take any action if we do not feel it is warranted. You must notify us within three days if you learn that any party is using the Marks or a trademark that is confusingly similar to the Marks. We have the sole discretion to take such action as we deem
appropriate to exclusively control any litigation or administrative proceeding involving a trademark licensed by us to you.
Source: Item 13 — TRADEMARKS (FDD pages 43–45)
What This Means (2025 FDD)
According to Crepe De Licious's 2025 Franchise Disclosure Document, Crepe De Licious is not obligated to pursue users who are infringing on its trademarks. While Crepe De Licious retains the right to take action against such infringers, it is not required to do so if it deems such action unwarranted. However, Crepe De Licious will defend a franchisee against any claim by a third party that the franchisee's use of the Marks, in accordance with the Franchise Agreement, infringes upon that party's intellectual property rights. Crepe De Licious may require the franchisee's assistance, but Crepe De Licious will exclusively control any proceeding or litigation relating to its Marks.
It is the franchisee's responsibility to notify Crepe De Licious within three days if they become aware of any party using the Marks or a confusingly similar trademark. Crepe De Licious has the sole discretion to take action it deems appropriate to control any litigation or administrative proceeding involving a trademark licensed by them to the franchisee.
This policy is fairly typical in franchising. Franchisors usually retain control over trademark enforcement to maintain brand consistency and manage legal risks effectively. The franchisee benefits from this arrangement because Crepe De Licious will defend them against infringement claims, but the franchisee must promptly report any suspected infringement to Crepe De Licious.