What standards must a Crepe De Licious franchisee's marketing materials comply with?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
"Copyrights" means all works and materials for which we or our affiliate(s) have secured common law or registered copyright protection and that we allow Crepe de licious franchisees to use, sell, or display in connection with the marketing and/or operation of a Crepe de licious Business, whether now in existence or created in the future.
"Marks" means the logotypes, service marks, and trademarks now or hereafter involved in the operation of a Crepe de licious Business, including "CREPE DE LICIOUS" and any other trademarks, service marks, or trade names that we designate 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.
"System" means our system for the establishment, development, operation, and management of a Crepe de licious Business, including Know-how, proprietary programs and products, confidential operations manuals, and operating system.
10.01 Ownership of the Marks. You acknowledge that we or our affiliates own all rights, title and interest in and to the Marks. You will not acquire any proprietary interest in the Marks, and you will not challenge ownership of the Marks or our right to use the Marks. Except as expressly provided in this Agreement, you will not acquire any rights to the Marks. Your right to use the Marks is merely a nonexclusive license, derived solely under this Agreement.
10.02 Registration. We or our affiliates have taken and will take all steps reasonably necessary, in our and their sole opinion, to preserve and protect ownership of, and the validity of, the Marks. You will not apply for governmental registration of the Marks, or contest the registration status of the Marks. You will display the Marks, and give notice of trademark registration and claims in the following manner: "CREPE DE LICIOUS" (or as otherwise required in the Operations Manual). You will cooperate fully and in good faith with us and our affiliates for the purpose of maintaining registrations and prosecuting applications for the Marks, and otherwise securing and preserving their rights in and to the Marks.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Crepe De Licious Franchise Disclosure Document, franchisees must adhere to specific standards regarding the use of the brand's intellectual property in their marketing materials. The FDD defines "Copyrights" as all works and materials for which Crepe De Licious or its affiliates have secured copyright protection, allowing franchisees to use, sell, or display these materials in connection with their business's marketing and operation. This indicates that franchisees are permitted to use approved marketing materials provided by the franchisor.
The FDD also defines "Marks" as the logotypes, service marks, and trademarks involved in the operation of a Crepe De Licious business, including the name "CREPE DE LICIOUS" itself. Franchisees must use these marks in accordance with the guidelines set by the franchisor. The "System" is defined as the franchisor's system for operating a Crepe De Licious business, including know-how, programs, manuals, and the operating system. These definitions suggest that all marketing activities must align with the franchisor's established standards and brand identity.
Furthermore, the FDD states that Crepe De Licious or its affiliates own all rights, title, and interest in the Marks. Franchisees cannot acquire any proprietary interest in the Marks and must not challenge the franchisor's ownership or right to use them. The franchisee's right to use the Marks is a nonexclusive license derived solely from the franchise agreement. Franchisees are required to display the Marks and provide notice of trademark registration as specified in the Operations Manual, such as "CREPE DE LICIOUS." This underscores the importance of adhering to the franchisor's guidelines to maintain brand consistency and protect the intellectual property of Crepe De Licious.