With whom are Cicis franchisees and their Controlling Principals prohibited from communicating regarding any infringement, challenge, or claim concerning any 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, franchisees and their Controlling Principals have specific restrictions on who they can communicate with regarding any issues related to the trademarks. Cicis requires that franchisees and their Controlling Principals must not communicate with any person other than Cicis itself and its counsel about any infringement, challenge, or claim concerning Cicis's Marks.
This requirement ensures that Cicis maintains control over any legal matters pertaining to its trademarks. By centralizing communication through Cicis and its legal counsel, the company can ensure a consistent and strategic approach to protecting its brand and intellectual property. This prevents franchisees from taking actions or making statements that could potentially harm Cicis's legal position.
This is a fairly standard clause in franchise agreements, as franchisors need to protect their trademarks. Franchisees are obligated to notify Cicis immediately of any potential infringement or challenges to the use of the Marks. Cicis retains the sole discretion to take any action it deems appropriate, including controlling any litigation or proceedings with the USPTO (or other) arising from such issues. Franchisees must also provide any necessary assistance and documentation to support Cicis's efforts to protect its trademarks.
This obligation extends to executing all necessary documents and providing assistance to Cicis's counsel to protect and maintain Cicis's interests in any litigation or proceeding related to the Marks. Franchisees are also prohibited from taking any actions that could negatively impact the validity of Cicis's rights in the Marks, and they cannot contest the validity of Cicis's interest in the Marks or assist anyone else in doing so.