What happens if a Cicis franchisee makes unauthorized use of the Marks?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
Any unauthorized use of any of the foregoing is a knowing infringement of our and our affiliates' rights therein and a breach of this Agreement.
- B.
Cease Use of the Marks and Confidential Information.
You must immediately and permanently cease to use, in any manner whatsoever, and return to us (or, at our direction, destroy) any Confidential Information and cease to use the mark "Cicis" and all other Marks.
If you fail to promptly de-identify your Restaurant in accordance with our then-current System Standards, then we will have the right to cure deficiency, and you must reimburse us for all costs we incur in curing such deficiency.
If you fail or refuse to comply with the requirements of this Section 16.B, we will have the right to enter upon the premises of your Restaurant, without being guilty of trespass or any other crime or tort, to make or cause to be made such changes as may be required.
- C.
Cancel Assumed Name Registrations.
You must cancel any assumed name or equivalent registrations which contain any Mark, and you must furnish us with evidence satisfactory to us of your compliance with this obligation within five (5) days after termination or expiration of this Agreement.
- D.
No Future Identification with Cicis.
If you continue to operate or subsequently begin to operate any other business, then you must not use any reproduction, counterfeit, copy, or colorable imitation of the Marks, either in connection with such other business or the promotion thereof, which is likely to cause confusion, mistake, or deception, or which is likely to dilute our or our affiliates' rights in and to the Marks, and you must not utilize any designation of origin, description, or representation which falsely suggests or represents an association or connection with us constituting unfair competition.
- E.
Pay Amounts Owed.
You must promptly pay all sums owing to us and our subsidiaries or affiliates, including all damages, costs, and expenses, including reasonable attorneys' fees, we incur as a result of any default by you, which obligation will give rise to and remain, until paid in full, a lien in our favor against any and all of the personal property, furnishings, equipment, signs, fixtures, and inventory owned by you and on the premises operated hereunder at the time of default.
Source: Item 22 — CONTRACTS (FDD pages 64–65)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, any unauthorized use of the Marks is considered a knowing infringement of Cicis's and its affiliates' rights and a breach of the Franchise Agreement. The license to use the Marks is derived entirely from the Franchise Agreement and is non-exclusive, except to the extent that Cicis expressly agrees not to use or permit the use of the Marks.
Upon termination of the Franchise Agreement, the franchisee must immediately and permanently cease to use the mark "Cicis" and all other Marks. The franchisee must also return to Cicis (or, at their direction, destroy) any Confidential Information. If the franchisee fails to promptly de-identify their Restaurant in accordance with Cicis's then-current System Standards, Cicis has the right to cure the deficiency, and the franchisee must reimburse Cicis for all costs incurred in curing such deficiency. Cicis also has the right to enter the premises of the Restaurant to make changes if the franchisee fails or refuses to comply with these requirements.
Furthermore, the franchisee must cancel any assumed name or equivalent registrations which contain any Mark and provide satisfactory evidence of compliance within five days after termination or expiration of the Agreement. If the franchisee continues to operate any other business, they must not use any reproduction, counterfeit, copy, or colorable imitation of the Marks, which is likely to cause confusion or dilute Cicis's rights in the Marks. The franchisee must also promptly pay all sums owing to Cicis and its subsidiaries or affiliates, including all damages, costs, and expenses, including reasonable attorneys' fees, incurred as a result of any default, which will create a lien in Cicis's favor against the franchisee's personal property and equipment on the premises.