If there is an apparent infringement of copyrighted material related to my Aerus franchise, what immediate action must I take?
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, if a franchisee suspects any infringement or challenge to the use of patents, copyrighted material, or proprietary information, they must immediately notify Aerus by telephone, followed by written notification. This obligation extends to any claims by others regarding rights to these items.
Aerus retains the right to take any action it deems necessary, including controlling settlements, litigation, or proceedings related to the alleged infringement, challenge, or claim. The franchisee is required to cooperate fully by executing documents, providing assistance, and performing actions that Aerus considers necessary to protect its interests or those of its affiliates in any litigation or proceeding. This includes safeguarding Aerus's patents, copyrights, and proprietary information.
This requirement ensures that Aerus maintains control over its intellectual property and can act swiftly to protect its brand and system. For a prospective franchisee, this means understanding that they cannot independently address potential infringements but must rely on Aerus's expertise and direction. Failure to report and cooperate could result in a breach of the franchise agreement and potential legal consequences.
This is a fairly standard clause in franchise agreements, as franchisors typically want to control the defense of their intellectual property. Prospective franchisees should be aware of this obligation and be prepared to act quickly if they suspect any infringement.