What is the citation for the Lanham Act that may govern the Aw Franchise Agreement?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
18.4 Governing Law/Consent to Jurisdiction. All matters relating to arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. Section 1 et. seq.). Except to the extent governed by the United States Trademark Act of 1946 (Lanham Act, 15 U.S.C. Sections 1051 et. seq.) or other federal law, this Agreement and franchise shall be governed by the laws of the State
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, the United States Trademark Act of 1946, also known as the Lanham Act (15 U.S.C. Sections 1051 et. seq.), may govern the Aw Franchise Agreement.
Specifically, the FDD indicates that the Lanham Act applies to the extent that the agreement is not governed by the Federal Arbitration Act or other federal law. The franchise agreement and its interpretation are generally subject to the laws of a specific state, except where federal law, including the Lanham Act, takes precedence.
For a prospective Aw franchisee, this means that disputes related to trademarks might be subject to federal law. It is important to understand how federal and state laws interact in governing the franchise agreement, especially concerning intellectual property and trademark usage.