What is the Aw franchisee's obligation regarding notifying Aw of any apparent infringement of any Mark or any similar 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, franchisees must immediately notify Aw in writing if they observe any potential infringement or challenges to their use of any Aw mark. This obligation extends to any claim by any person of rights in any Aw mark or any similar mark.
Beyond the initial notification, franchisees are prohibited from communicating with any party other than Aw, their attorneys, or Aw's attorneys regarding the infringement, challenge, or claim. Aw retains sole discretion to take any action it deems appropriate to address the situation. This includes the right to exclusively 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 Aw mark.
Furthermore, Aw franchisees are obligated to sign all instruments and documents, provide assistance, and take any action deemed necessary or advisable by Aw's attorneys to protect and maintain Aw's interest in any litigation, PTO proceeding, ICANN Uniform Domain Name Dispute Resolution Policy proceeding, or other administrative proceeding. This ensures that Aw can effectively defend its trademarks and that the franchisee actively supports these efforts.
This requirement is typical in franchising, as the franchisor needs to protect its brand identity and trademarks. By mandating that franchisees report any potential infringement and cooperate in legal proceedings, Aw aims to safeguard its brand and maintain consistency across all franchise locations.