What is the Aw franchisee's obligation regarding notifying Aw of any apparent infringement to their use 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, if a franchisee notices any potential infringement or challenges to their use of an Aw mark, or if someone claims rights to a mark similar to Aw's, the franchisee must notify Aw immediately in writing.
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 the sole right to decide on any action it deems appropriate and has the exclusive right to control any litigation or proceedings related to the mark.
To protect Aw's interests in the marks, franchisees must sign documents, provide assistance, and take actions that Aw's attorneys consider necessary or advisable. This obligation ensures that Aw maintains control over its brand and can address any potential trademark issues promptly and consistently. This is a fairly standard clause in franchise agreements, as franchisors need to protect their brand identity.