Is an Aw franchisee allowed to create their own website using any of the Marks?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
dures you must follow for developing and maintaining a page on Papa Ray's Pizza Website shall be set forth in the Operations Manual or otherwise in writing. All content on your page on the Papa Ray's Pizza Website is subject to our prior written approval.
You shall not obtain any domain names/URL addresses for the Internet incorporating the Marks or create, develop, maintain and/or use your own web site on the Internet using any of the Marks. You shall not use any of the Marks on the Internet in any directory listing or advertising without our prior written consent. You shall not make any reference to or any association with the Marks on any social media site, social or professional network, blog, or other on-line venue or in any other manner on the Internet without our prior written consent. If any of the foregoing uses is specifically permitted by us, your use must conform completely to all of our applicable standards and procedures as set forth in the Operations Manual or otherwise in writing.
7.4 Notification of Infringements and Claims. You agree to notify us in writing within one (1) week of any apparent or suspected unauthorized use of the Marks, any challenge to the validity of the Marks, any challenge to our ownership of, our right to use or license others to use, or your right to use, the Marks or similar trade names, domain names, trademarks, service marks or trade dress, or any claim by any person of any rights in any Mark or any similar trade name, domain name, trademark, service mark or trade dress of which you may become aware.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, franchisees are generally prohibited from creating their own websites using Aw's trademarks or marks. The FDD states that franchisees "shall not obtain any domain names/URL addresses for the Internet incorporating the Marks or create, develop, maintain and/or use your own web site on the Internet using any of the Marks." This restriction is in place to ensure brand consistency and control over the online representation of the Aw brand.
Aw does provide franchisees with a page on or linked to the "Papa Ray's Pizza Website." The franchisor retains control over the content and presentation of the brand online, as the franchisee's page is subject to Aw's prior written approval. The specifications, standards, and procedures for developing and maintaining this page are detailed in the Operations Manual or in writing. This setup allows Aw to manage the brand's online presence while still providing franchisees with some level of online visibility.
Furthermore, franchisees are restricted from using Aw's marks on the internet in any directory listing or advertising without prior written consent. They also cannot make any reference to or association with the marks on any social media site, blog, or other online venue without Aw's permission. If Aw specifically permits any of these uses, the franchisee must adhere completely to all applicable standards and procedures as outlined in the Operations Manual or in writing. This highlights the importance of franchisees seeking and obtaining written consent from Aw for any online activities involving the brand's marks.
These strict controls over online presence and the use of trademarks are common in franchising to protect the brand's reputation and ensure a consistent customer experience. Prospective Aw franchisees should carefully review the Operations Manual and any related documents to fully understand the specific requirements and limitations regarding online marketing and website usage.