Can Aw franchisees contest the validity or ownership of the marks?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
You may not make any representation that any of the Marks is invalid or infringes the rights of any person or is otherwise open to any other form of attack. You may not contest or assist any other person in contesting the validity or ownership of the Marks, or take any action adverse to our and our affiliate's claimed rights in and to the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 30–32)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, franchisees are prohibited from contesting the validity or ownership of Aw's trademarks. The FDD explicitly states that franchisees cannot make any representation that the marks are invalid or infringe upon anyone's rights.
Specifically, franchisees are forbidden from contesting or assisting others in contesting the validity or ownership of the marks. They also cannot take any action that is adverse to Aw's claimed rights to the marks. This restriction is a standard practice in franchising, as the franchisor needs to maintain control and protect its brand identity.
This provision protects Aw's trademarks and ensures brand consistency across all franchise locations. It prevents franchisees from challenging Aw's intellectual property rights, which could weaken the brand and create legal complications. Franchisees must also notify Aw immediately of any apparent infringement or challenges to the use of any mark.