Who has the right to control litigation arising from alleged infringement of the Aerus Marks?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
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, Aerus retains the right to control any litigation or proceedings related to alleged infringement, challenges, or claims concerning the Aerus Marks. As a franchisee, you are required to immediately notify Aerus of any apparent infringement or challenges to the use of the Marks.
This means that while franchisees are responsible for reporting any potential infringement, Aerus maintains control over the legal strategy and decisions related to protecting its trademarks. This is a common practice in franchising, as the franchisor has a vested interest in protecting the brand's reputation and intellectual property.
Furthermore, the FDD states that franchisees must execute any documents and provide assistance that Aerus deems necessary to protect and maintain the company's rights to the Marks. However, for franchised businesses located in Minnesota, Aerus will protect the franchisee's right to use the Marks or indemnify the franchisee from any losses, costs, or expenses arising out of claims regarding the use of the Marks, provided the franchisee uses the Marks as instructed in the manuals or as required by Aerus.
This clause underscores the importance of franchisees adhering to Aerus's guidelines and procedures for using the trademarks. It also highlights a potential benefit for franchisees in Minnesota, where Aerus provides additional protection and indemnification related to the use of the Marks.