Who has the sole discretion to take action regarding any infringement, challenge, or claim concerning any of the Cicis 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, Cicis has sole discretion to take action it deems appropriate regarding any infringement, challenge, or claim concerning any of the Cicis Marks. This means that Cicis, not the franchisee, has the authority to decide how to respond to any potential issues related to the trademarks.
This includes the right to exclusively control any litigation or USPTO (United States Patent and Trademark Office) or other proceeding arising out of any infringement, challenge, or claim concerning any of the Marks. As a franchisee, you must immediately notify Cicis of any infringement of the Marks or any challenge to their use. You and your Controlling Principals must agree not to communicate with any person other than Cicis and its counsel about any such infringement, challenge, or claim.
Furthermore, franchisees are obligated to execute all instruments and documents and provide any assistance that Cicis's counsel deems necessary to protect and maintain Cicis's interests in any litigation or proceeding, or to otherwise protect and maintain their interest in the Marks. This underscores the importance of franchisees cooperating fully with Cicis in protecting the brand's trademarks.