Are there any pending material litigations involving the Aerus trademarks described that are relevant to their use in the United States or Canada?

According to Aerus's 2025 Franchise Disclosure Document, there are no currently effective determinations by the United States Patent and Trademark Office, the Canadian Intellectual Property Office, or any court, nor are there any pending interferences, oppositions, cancellation proceedings, or material litigation involving the trademarks that are relevant to their use in the United States or Canada. Aerus also states that they are not aware of any superior prior rights or infringing uses that could materially affect a franchisee's use of the trademarks. This indicates that Aerus is not currently involved in any legal disputes regarding its trademarks in these regions.

However, the FDD also clarifies that Aerus itself licenses the trademark "Aerus" from Aerus Concepts, L.P. and sublicenses the trademarks "Electrolux" and "Lux" from Aktiebolaget Electrolux. These licenses grant Aerus franchisees the right to use these marks under specific conditions, primarily for the sale, marketing, distribution, and repair of household products and vacuum cleaners. These licenses are subject to termination if Aerus, its franchisees, or other related entities breach the terms of the agreements.

As a franchisee, it's important to understand that the right to use these trademarks is not absolute and depends on compliance with the franchise agreement, manuals, and any trademark usage guidelines issued by Aerus. Failure to adhere to these guidelines or any breach of the license terms could result in the termination of the trademark license, potentially impacting the franchisee's ability to operate under the Aerus brand. Additionally, franchisees are obligated to assist in protecting the trademarks and indemnify Aerus and its affiliates against any claims resulting from their use of the marks.