What happens if an Engineering For Kids franchisee misuses the Proprietary Marks?
Engineering_For_Kids Franchise · 2025 FDDAnswer from 2025 FDD Document
You must immediately cease to use, by advertising or in any other manner, the name "Engineering For Kids," all other Proprietary Marks, and all other distinctive forms, slogans, signs, symbols, Web sites, domain names, email addresses, and devices associated with the System.
If you subsequently begin to operate another business, you also must not use any reproduction, counterfeit, copy or colorable imitation of the Proprietary Marks that you used either in connection with the Franchised Business or its promotion, which is likely to cause confusion, mistake or deception, or which is likely to dilute our exclusive rights in and to the Proprietary Marks, nor any trade dress or designation of origin or description or representation which falsely suggests or represents an association or connection with us.
You must promptly take such action as may be necessary to cancel any assumed name registration or equivalent registration containing the name "Engineering For Kids" or any other Proprietary Marks.
You must pay all damages, costs and expenses, including, but not limited to, reasonable attorneys' fees, that we incur in enforcing the terms of this Agreement, including but not limited to Sections 16 and 17.2.
Source: Item 23 — RECEIPTS (FDD pages 53–138)
What This Means (2025 FDD)
According to the 2025 FDD, Engineering For Kids franchisees face specific obligations upon termination or expiration of their franchise agreement regarding the use of the Proprietary Marks. Specifically, franchisees must immediately stop using the name "Engineering For Kids" and all other Proprietary Marks in any form of advertising or manner. This extends to distinctive forms, slogans, signs, symbols, websites, domain names, email addresses, and devices associated with the Engineering For Kids system.
Furthermore, even if a franchisee starts another business after the agreement ends, they are prohibited from using any reproduction, counterfeit, copy, or imitation of the Proprietary Marks that could cause confusion or dilute Engineering For Kids' exclusive rights. Franchisees must also take necessary actions to cancel any assumed name registrations containing the name "Engineering For Kids" or any other Proprietary Marks.
In addition to these restrictions, Engineering For Kids franchisees are obligated to pay all damages, costs, and expenses, including reasonable attorneys' fees, that Engineering For Kids incurs to enforce the terms of the agreement. This includes, but is not limited to, Sections 16 and 17.2 of the agreement. These measures ensure the protection of Engineering For Kids' brand identity and prevent any potential misuse of its Proprietary Marks by former franchisees.