Are there any pending infringement proceedings involving the Crepe De Licious marks?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
All required affidavits have been filed for the registered Marks. There are no effective adverse material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court, and no pending infringement, opposition, or cancellation proceedings or material litigation involving the Marks. Except for the Trademark License, no agreement significantly limits our right to use or license the Marks in any manner material to the Crepe de licious Business. We do not know of any superior prior rights or infringing uses that could materially affect your use of the trademarks. We do not have a federal registration for our principal trademark. Therefore, our trademark does not have many legal benefits and rights as a federally registered trademark.
Source: Item 13 — TRADEMARKS (FDD pages 43–45)
What This Means (2025 FDD)
According to Crepe De Licious's 2025 Franchise Disclosure Document, there are no pending infringement, opposition, or cancellation proceedings or material litigation involving the brand's trademarks. This indicates that Crepe De Licious is not currently involved in any legal disputes regarding its trademarks, which can be a positive sign for potential franchisees. However, the document also states that Crepe De Licious does not have a federal registration for its principal trademark, which means their trademark may not have as many legal benefits and rights as a federally registered trademark. This could potentially expose franchisees to a higher risk of trademark disputes in the future.
Crepe De Licious does have registrations with the United States Patent and Trademark Office (USPTO) for several marks, including "CREPE DE LICIOUS" and "Crêpe Delicious Urban Cafê". The Trademark License is for ten years and began on December 23, 2014, and will automatically renew for subsequent ten-year periods provided Crepe De Licious is not in default or does not materially breach the Trademark License agreement. If the Trademark License agreement is terminated, Holdings has agreed to license the use of the Marks directly to Crepe De Licious franchisees until such time as each franchise agreement expires or is otherwise terminated.
Crepe De Licious will defend franchisees against any claim brought against them by a third party alleging that the franchisee's use of the Marks, in accordance with the Franchise Agreement, infringes upon that party's intellectual property rights. While Crepe De Licious may require the franchisee's assistance, Crepe De Licious will exclusively control any proceeding or litigation relating to their Marks. However, Crepe De Licious has no obligation to pursue any infringing users of their Marks, and the company will take action as appropriate, but is not required to take any action if they do not feel it is warranted. Franchisees must notify Crepe De Licious within three days if they learn that any party is using the Marks or a trademark that is confusingly similar to the Marks.
It is fairly standard in franchising for the franchisor to take the lead in defending the trademark, as Crepe De Licious outlines. However, franchisees should be aware that they are required to notify Crepe De Licious of any potential infringement and that Crepe De Licious retains the discretion to decide whether or not to pursue legal action. Prospective franchisees should consider the potential implications of using a trademark that is not federally registered and should inquire about Crepe De Licious's strategy for protecting its trademarks.