What is the scope of the prohibition on a terminated Casiola franchisee from using the Casiola Licensed Marks?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 23: RECEIPTS]
(3) Permanently cease to use, except as directed by Franchisor in writing and related to Franchisee's performance and completion of Wind-Down Activities as designated and determined by Franchisor in Franchisor's Reasonable Business Judgment, in any manner: (a) the System including, without limitation, the Confidential Information, the Licensed Marks, the Bookings and Management System Data, and the Operations Manual; (b) any methods, procedures, or techniques associated with the System in which Franchisor possesses proprietary rights or constitute Franchisor's trade secrets; (c) System Supplies, including communicating with or ordering products from Franchisor's designated suppliers and vendors of System Supplies; (d) the Approved Services and Products; and (e) any other advertising, marketing, media, and any other information, documents or things associated with Franchisor, the System, the Licensed Marks, Casiola Businesses, the Franchised Business, and Franchisee's former Casiola Business, including, without limitation, any confidential, proprietary methods, procedures, descriptions of products, techniques, trade secrets, proprietary marks, distinctive forms, slogans, symbols, signs, stationary, advertising material, articles, logos, devices, items and all other things, tangible or intangible, associated with Franchisor, the System, the Licensed Marks, and Casiola Businesses;
(8) Take all actions necessary and/or reasonably required to cancel all fictitious or assumed names or equivalent registrations relating to the Licensed Marks;
(11) Provide Franchisor, within 30 days of the expiration, termination, or Transfer of this Agreement, with written proof demonstrating that Franchisee has complied with the terms of this Article 17 and all other obligations under this Agreement that Franchisee must perform, abide by, and comply with, subsequent to the termination, expiration, or Transfer of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, a franchisee must permanently cease using the Licensed Marks upon termination or transfer of the franchise agreement. This prohibition extends to all aspects of the Casiola system, including the Licensed Marks, Confidential Information, Bookings and Management System Data, and the Operations Manual.
Specifically, the franchisee cannot use any advertising, marketing, media, or other information associated with Casiola, the System, the Licensed Marks, Casiola Businesses, the Franchised Business, and the franchisee's former Casiola Business. This includes confidential methods, procedures, product descriptions, techniques, trade secrets, proprietary marks, distinctive forms, slogans, symbols, signs, stationary, advertising material, articles, logos, devices, items, and all other tangible or intangible things associated with Casiola.
However, there is an exception: the franchisee may continue to use the Licensed Marks and System if directed by Casiola in writing for the performance and completion of Wind-Down Activities, as determined by Casiola in its Reasonable Business Judgment. After termination, the franchisee must also take actions to cancel any assumed names or equivalent registrations related to the Licensed Marks and provide Casiola with written proof of compliance with these terms within 30 days of termination.