Does the Aerus franchise agreement require franchisees to assist in the protection of the 'Electrolux' and 'Lux' marks?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
You may be required to assist in the protection of the Marks, and are obligated to indemnify us and our affiliates against any claim resulting from your use of the Marks on products or materials.
You must notify us immediately by telephone, and thereafter in writing, of any apparent infringement of or challenge to your use of any of the Marks or of any claim by any person of any rights in any of the Marks. We will have the right to take such action as we deem 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. You must execute any and all instruments and documents, render such assistance, and do such acts or things as may, in our reasonable opinion, be necessary or advisable to protect and maintain our or our affiliate's interests in any litigation or other proceeding or to otherwise protect and maintain our, our affiliates or any other interested party's interest in the Marks.
Source: Item 13 — Trademarks (FDD pages 47–51)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, franchisees may be required to assist in the protection of the 'Electrolux' and 'Lux' marks. Specifically, the FDD states that franchisees "may be required to assist in the protection of the Marks". This indicates that while it is not a guaranteed requirement, Aerus reserves the right to call upon franchisees to aid in safeguarding these trademarks.
This obligation extends to indemnifying Aerus and its affiliates against any claims arising from the franchisee's use of these marks on products or materials. This means that if a franchisee's actions lead to a legal claim related to the trademarks, the franchisee is responsible for covering the associated costs and damages.
Furthermore, franchisees are obligated to notify Aerus immediately of any apparent infringement or challenges to the use of the marks. Aerus retains the right to take any action it deems appropriate, including controlling settlements, litigation, or proceedings related to alleged infringements. Franchisees must also execute necessary documents and provide assistance to protect Aerus's interests in any legal matters concerning the marks. This could involve providing evidence, testifying in court, or other forms of support as needed by Aerus to defend its trademarks.