What is the Aw franchisee's obligation regarding notifying Aw of any apparent infringement of any Mark?
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, franchisees have a responsibility to protect Aw's trademarks. Specifically, if a franchisee notices any potential infringement or challenges to the use of Aw's marks, they must immediately notify Aw in writing. This includes any claims by another party asserting rights to a similar mark. 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. This ensures that Aw maintains control over how such matters are handled.
Aw retains sole discretion to take any action it deems appropriate regarding potential infringements, including initiating or controlling any litigation or administrative proceedings. The franchisee is obligated to cooperate fully with Aw by signing necessary documents, providing assistance, and taking any actions deemed necessary by Aw's attorneys to protect Aw's interests in the marks. This may include actions related to the PTO (Patent and Trademark Office) or ICANN (Internet Corporation for Assigned Names and Numbers) proceedings.
This requirement is fairly standard in franchising, as franchisors need to protect their brand's trademarks. By mandating that franchisees report any potential infringement and cooperate with legal efforts, Aw aims to safeguard its brand identity and prevent unauthorized use of its trademarks. Franchisees should understand that they cannot independently address potential trademark issues but must rely on Aw's expertise and guidance.