What must a Cicis franchisee do if there is any infringement of the Marks?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
You must immediately notify us of any infringement of the Marks or of any challenge to the use of any of the Marks or claim by any person of any rights in any of the Marks. You and your Controlling Principals must agree not to communicate with any person other than us and our counsel about any such infringement, challenge or claim. We have sole discretion to take any action we deem appropriate and the right to exclusively control any litigation or USPTO (or other) proceeding arising out of any infringement, challenge, or claim concerning any of the Marks. You must execute all instruments and documents and give us any assistance that in our counsel's opinion may be necessary or advisable to protect and maintain our interests in any such litigation or proceeding or to otherwise protect and maintain our interest in the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 41–42)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, a franchisee must immediately inform Cicis of any infringement of the Marks, challenges to their use, or claims by others regarding rights in the Marks. The franchisee and their Controlling Principals must refrain from communicating with anyone except Cicis and its counsel about such matters.
Cicis retains sole discretion to take any action it deems appropriate and has the exclusive right to control any litigation or proceedings related to infringement, challenges, or claims concerning the Marks. The franchisee is obligated to execute all necessary documents and provide any assistance that Cicis's counsel considers necessary to protect Cicis's interests in any litigation or proceeding or to otherwise protect and maintain their interest in the Marks.
This means that Cicis franchisees play a crucial role in protecting the brand's trademarks by promptly reporting any potential infringement. However, they must relinquish control over legal actions to Cicis, ensuring a unified and strategic approach to trademark protection. Franchisees must also be prepared to provide any necessary documentation or assistance to support Cicis's legal efforts. This is a fairly standard clause in most franchise agreements, as franchisors typically want to maintain tight control over their brand and trademarks.