Who has the right to control litigation involving Aira Fitness marks?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
If there is any infringement of, or challenge to, your use of the Marks, you must immediately notify us, and we will take action that we deem appropriate. We have the right to control all administrative proceedings and litigation involving the Marks. The Franchise Agreement does not require us to take affirmative action if notified of the claim. The Franchise Agreement also does not require us to participate in your defense or to indemnify you for expenses or damages if you are a party to an administrative or judicial proceeding based on your use of the Marks, or if the proceeding is resolved unfavorably to you. If we determine that a trademark infringement action requires changes or substitutions to the Marks, you must make the changes or substitutions at your own expense.
Source: Item 13 — **TRADEMARKS (FDD pages 45–46)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, Aira Fitness retains the right to control all administrative proceedings and litigation involving its marks. This means that if there is any infringement or challenge to a franchisee's use of the Aira Fitness marks, the franchisee must immediately notify Aira Fitness, and Aira Fitness will decide what action to take.
This arrangement is typical in franchising, as franchisors need to protect their brand's trademarks. However, the Franchise Agreement does not require Aira Fitness to take any affirmative action when notified of a claim. Furthermore, Aira Fitness is not obligated to participate in a franchisee's defense or indemnify them for expenses or damages if the franchisee is involved in legal proceedings related to the use of Aira Fitness's marks, or if the proceedings are resolved unfavorably to the franchisee.
If Aira Fitness determines that a trademark infringement action requires changes or substitutions to the marks, the franchisee is responsible for making these changes at their own expense. This could potentially involve costs for new signage, marketing materials, or other items bearing the Aira Fitness trademark. Prospective franchisees should consider these potential costs and risks associated with trademark-related legal issues.