What is the Aw franchisee's obligation regarding notifying Aw of any challenge to 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 becomes aware of any potential infringement or challenge to the use of Aw's trademarks, or any claim by another party to the trademark or similar marks, the franchisee must notify Aw immediately in writing.
The FDD stipulates that the franchisee cannot communicate with anyone other than Aw, Aw's 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 or administrative proceeding related to the trademark.
Furthermore, the franchisee is obligated to sign documents, provide assistance, and take any action that Aw's attorneys consider necessary to protect Aw's interest in the trademarks. This obligation ensures that Aw maintains control over its brand and can take appropriate legal action to defend its trademarks. Franchisees are prohibited from contesting the validity or ownership of Aw's marks or assisting others in doing so.