What is an Aerus franchisee required to do if they notice an infringement of the "Aerus" marks?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
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, if a franchisee observes any apparent infringement or challenge to their use of the Aerus marks, they must immediately notify Aerus by telephone, followed by written notification. This requirement ensures that Aerus is promptly informed of any potential threats to its trademarks.
Following notification, Aerus has the right to take any action it deems appropriate to address the infringement or challenge. This includes the right to control any settlement, litigation, or proceeding related to the alleged infringement, challenge, or claim concerning the marks. The franchisee is obligated to cooperate fully with Aerus in these efforts.
Specifically, the franchisee must execute any instruments and documents, provide assistance, and perform any actions that Aerus reasonably considers necessary to protect and maintain its interests or its affiliates' interests in any litigation or other proceeding. This ensures that Aerus can effectively protect its trademarks with the franchisee's support.