What must Aw franchisees do if they notice an infringement of the marks?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us immediately in writing of any apparent infringement of or challenge to your use of any Mark, or any claim by any person of any rights in any Mark or any similar mark and you may not communicate with any person other than us or our attorneys and your attorneys regarding the infringement, challenge or claim. We have sole discretion to take any action we deem appropriate and the right to exclusively control any litigation, PTO proceeding, ICANN Uniform Domain Name Dispute Resolution Policy proceeding or other administrative proceeding arising out of any infringement, challenge or claim to otherwise relating to any Mark. You must sign all instruments and documents, provide assistance and take any action that, in the opinion of our attorneys, may be necessary or advisable to protect and maintain our interest in any litigation, PTO proceeding, ICANN Uniform Domain Name Dispute Resolution Policy proceeding or other administrative proceeding or to otherwise protect and maintain our interest in the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 30–32)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, if a franchisee notices any apparent infringement of the brand's marks, they must immediately notify Aw in writing. The franchisee is also obligated to report any challenge to their use of a mark or any claim by any person of rights in any mark or similar mark.
Furthermore, the franchisee is restricted from communicating with anyone other than Aw, their attorneys, or the franchisee's own attorneys regarding the infringement, challenge, or claim. Aw retains sole discretion to take any action it deems appropriate and has the exclusive right to control any litigation, PTO (Patent and Trademark Office) proceeding, ICANN (Internet Corporation for Assigned Names and Numbers) Uniform Domain Name Dispute Resolution Policy proceeding, or other administrative proceeding related to any mark.
Aw franchisees must also sign all instruments and documents, provide assistance, and take any action that Aw's attorneys deem necessary or advisable to protect and maintain Aw's interest in any litigation, PTO proceeding, ICANN Uniform Domain Name Dispute Resolution Policy proceeding, or other administrative proceeding, or to otherwise protect and maintain Aw's interest in the marks. This means franchisees must fully cooperate with Aw in any legal or administrative actions related to trademark protection.