What is the first action an Aerus franchisee must take upon discovering an apparent infringement of the Marks?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee acknowledges the value of the Marks and the importance for Company to maintain proper control of the use of the Marks and to protect the Marks from infringement, abuse and misuse.
Franchisee further acknowledges that any infringement, abuse or misuse of the Marks would result in irreparable injury to Company for which no adequate remedy at law may be available, and, notwithstanding any general requirement to arbitrate disputes, Franchisee consents to the issuance of an injunction prohibiting any conduct by Franchisee that may constitute infringement, abuse or misuse of the Marks or that otherwise would violate the terms of this Section without the necessity of showing actual or threatened harm, likelihood of success on the merits of the claims and without being required to furnish a bond or other security.
Franchisee agrees to pay all court costs and reasonable attorneys' fees incurred by Company in connection with the enforcement of this Section, including payment of all expenses for obtaining specific performance of, or an injunction against violation of, the requirements of this Section.
B. Franchisee shall notify Company immediately by telephone, and thereafter in writing, of any apparent infringement of or challenge to Franchisee's use of any of the Marks or of any claim by any person of any rights in any of the Marks. Company shall have the right to take such action as it deems appropriate in connection with the foregoing, including the right to control any settlement, litigation or proceeding arising out of any such alleged infringement, challenge or claim or otherwise relating to any of the Marks. Franchisee shall execute any and all instruments and documents, shall render such assistance, and shall do such acts or things as may,
1 For Franchised Businesses located in the State of Minnesota, Company will protect Franchisee's right to use the Marks or indemnify Franchisee from any loss, costs or expenses arising out of any claim, suit or demand regarding the use of the Marks, provided that Franchisee is using the Marks as provided in the Manuals or as otherwise required by Company or by its Affiliates.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, if a franchisee discovers an apparent infringement of the brand's trademarks (the Marks), the franchisee must immediately notify Aerus by telephone and then follow up with a written notice. This initial notification is crucial for Aerus to take appropriate action to protect its brand and trademarks.
Following the initial notification, Aerus has the right to take whatever action it deems necessary to address the infringement, including controlling any settlement, litigation, or proceeding related to the alleged infringement. The franchisee is obligated to cooperate with Aerus by executing necessary documents, providing assistance, and performing any actions required by Aerus in connection with the infringement.
This requirement ensures that Aerus maintains control over its brand and can take consistent and effective action against any unauthorized use of its trademarks. It also protects the franchisee by ensuring that Aerus takes responsibility for legal actions related to trademark infringement, rather than the franchisee having to handle such matters independently. Franchisees in Minnesota have additional protections, where Aerus will protect the franchisee's right to use the Marks or indemnify the franchisee from any losses arising from claims regarding the use of the Marks, provided the franchisee is using the Marks as required by Aerus.