What is the Aw franchisee's obligation regarding notifying Aw of any claim by any person of any rights in 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 strict obligation to protect Aw's trademarks. Specifically, if a franchisee becomes aware of any potential infringement, challenge, or claim regarding the use of Aw's trademarks, they must immediately notify Aw in writing. This includes any claim by any person of any rights in any Mark or any similar mark.
Furthermore, the franchisee is explicitly prohibited from communicating with any party other than Aw, its attorneys, or their own attorneys regarding the infringement, challenge, or claim. This ensures that Aw maintains control over the response and legal strategy. Aw has sole discretion to take any action it deems appropriate, including controlling any litigation or administrative proceedings related to the trademark issue.
To further protect Aw's interests in the Marks, franchisees must sign all necessary documents, provide assistance, and take any action deemed necessary by Aw's attorneys. This may include actions related to litigation, PTO proceedings, or other administrative matters. This requirement places a significant responsibility on the franchisee to actively support Aw in defending its trademarks.