Who owns the rights, title, and interest in the Crepe De Licious System?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
The Intellectual Property is and shall continue to be the sole property of Crepe Delicious Holding USA, Inc. You hereby assign and agree to assign to us any rights you may have or may acquire in such Intellectual Property. Upon the termination of your employment or engagement with Franchisee, or at any time upon our or Franchisee's request, you will deliver to us or to Franchisee all documents and data of any nature pertaining to the Intellectual Property, and you will not take with you any documents or data or copies containing or pertaining to any Intellectual Property.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to Crepe De Licious's 2025 Franchise Disclosure Document, Crepe Delicious Holding USA, Inc. owns the rights, title, and interest in the Intellectual Property. The Intellectual Property includes the Marks, Copyrights, Know-how, and System. The System refers to the proprietary methods for operating a Crepe De Licious business, including operations manuals and programs. "Marks" include the logotypes, service marks, and trademarks involved in the operation of a Crepe de licious business, including "CREPE DE LICIOUS."
This means that Crepe De Licious franchisees are granted a license to use the Crepe De Licious System and Marks, but they do not own them. The agreement specifies that any improvements made to the system by a franchisee become the property of Crepe Delicious Holding USA, Inc., which can then be used by Crepe De Licious and other franchisees without any obligation to the franchisee who developed the improvement.
This assignment of rights extends to any copyrightable materials, ensuring that Crepe De Licious maintains full control and ownership of its intellectual property. This is a common practice in franchising, allowing the franchisor to maintain consistency and protect its brand identity across all franchise locations. Franchisees should be aware that they cannot independently market on the Internet or conduct e-commerce without prior written approval from Crepe De Licious.