What is an Aerus franchisee's obligation if they observe an infringement on Aerus's patents, copyrighted material, or proprietary information?
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 patents, copyrighted material or proprietary information, or of any claim by any person of any rights therein. 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 patents, copyright and proprietary information. 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 patents, trademarks or proprietary information.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 51–53)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, franchisees have specific obligations regarding the protection of Aerus's intellectual property. If a franchisee observes any apparent infringement or challenge to the use of Aerus's patents, copyrighted material, or proprietary information, they must immediately notify Aerus by telephone, followed by written notification. This includes any claims by others regarding rights to this intellectual property.
Aerus retains the right to take any action it deems appropriate to address the infringement, including controlling any settlements, litigation, or proceedings. The franchisee is obligated to assist Aerus in these efforts by executing necessary documents and providing assistance as reasonably required to protect Aerus's interests. This ensures that Aerus can effectively defend its intellectual property rights, which are crucial for maintaining the brand's competitive advantage and the integrity of the franchise system.
This requirement is fairly standard in franchising, as franchisors typically need to maintain tight control over their intellectual property to protect the brand and system standards. By requiring franchisees to report potential infringements and assist in legal matters, Aerus aims to proactively safeguard its patents, copyrights, and proprietary information. Prospective franchisees should understand that this obligation is part of their role in upholding the Aerus brand and system.