What is the Aw franchisee's obligation regarding notifying Aw of any claim by any person of any rights in 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 marks, or any claim by another party regarding rights to the marks or similar marks, the franchisee must notify Aw immediately in writing.
This notification requirement is crucial for Aw to maintain control over its brand and protect its intellectual property. The franchisee is explicitly prohibited from communicating with any party other than Aw, its attorneys, or the franchisee's own attorneys regarding the infringement, challenge, or claim. This ensures that Aw has sole discretion in determining the appropriate course of action.
Aw retains the exclusive right to 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 infringement, challenge, or claim concerning the marks. The franchisee is obligated to sign all necessary documents, provide assistance, and take any action deemed necessary by Aw's attorneys to protect Aw's interests in such matters. This includes actions to protect and maintain Aw's interest in the marks.