Is an Aw franchisee required to use only specified notices of copyrights?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
- 7.2 Limitations On Your Use of Marks. You agree to use the Marks as the sole identification of your Papa Ray's Pizza Restaurant, except that you must display at your Papa Ray's Pizza Restaurant, in a form we prescribe, notices identifying yourself as the independent owner of your Papa Ray's Pizza Restaurant pursuant to a Franchise Agreement with us. You may not use or register any Mark as part of any corporate or trade name or with any prefix, suffix or other modifying words, terms, designs or symbols (other than logos and additional trademarks and service marks licensed to you under this Agreement), or in any modified form. You may not apply to register or register any Mark in any forum. You may not use any Mark in connection with the sale of any unauthorized product or service or in any other manner we have not expressly authorized in writing. You agree to display the Marks prominently and in the manner we prescribe in operating your Papa Ray's Pizza Restaurant, including signs and forms, and in connection with advertising and promotional materials. You also agree to use only notices of trademark or service mark registrations and copyrights as we specify and to obtain any fictitious or assumed name or "doing business as" registrations that are required under applicable law.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, franchisees must use only the notices of trademark or service mark registrations and copyrights that Aw specifies. Additionally, franchisees must obtain any fictitious or assumed name or "doing business as" registrations that are required under applicable law. This ensures brand consistency and legal compliance across all franchise locations.
This requirement means that an Aw franchisee cannot independently decide on the form or content of copyright or trademark notices displayed at their Papa Ray's Pizza Restaurant. They must adhere strictly to Aw's guidelines. This control allows Aw to maintain uniformity in branding and ensure that all legal notices are accurate and consistent with their intellectual property protections.
Failure to comply with Aw's specified notices could lead to a breach of the franchise agreement. It is important for prospective franchisees to understand and follow these guidelines to avoid potential legal issues and maintain a good standing with the franchisor. Franchisees should clarify with Aw what specific notices are required and where they should be displayed to ensure full compliance.