What is the Aw franchisee's obligation regarding notifying Aw of any apparent infringement to their use 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 are required to notify Aw immediately in writing if they become aware of any potential infringement or challenges to their use of Aw's trademarks. This also includes any claims by another party regarding rights to a Mark or similar mark. Franchisees are not allowed to communicate with anyone other than Aw, their attorneys, or the franchisee's own attorneys about the infringement, challenge, or claim. Aw retains the sole discretion to take any action it deems appropriate and has the exclusive right to control any litigation or proceedings related to the Marks.
This obligation ensures that Aw maintains control over its brand and trademark protection. By requiring immediate notification and limiting communication, Aw can act quickly to address potential issues and protect its interests. This is a common practice in franchising, as franchisors need to safeguard their brand identity and reputation.
Furthermore, franchisees must sign all necessary documents, provide assistance, and take any action deemed necessary by Aw's attorneys to protect Aw's interests in any legal proceedings related to the Marks. This requirement places a responsibility on the franchisee to actively support Aw in protecting its trademarks. Failure to comply with these obligations could potentially lead to a breach of the franchise agreement.