What is the Aw franchisee's obligation regarding notifying Aw of any claim or proceeding related to the marks?
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 specific obligations regarding notification of any potential trademark issues. Specifically, franchisees must notify Aw immediately in writing if they become aware of any apparent infringement or challenge to their use of any of Aw's marks. This also applies to any claim by any person asserting rights in Aw's marks or any similar mark.
In practical terms, this means that if a franchisee receives a cease and desist letter, or any other communication suggesting that their use of the Papa Ray's Pizza & Wings trademark infringes on someone else's rights, they must inform Aw immediately. The franchisee is also prohibited from communicating with any party other than Aw, their attorneys, or the franchisee's own attorneys regarding the potential infringement, challenge, or claim.
Aw retains sole discretion to take any action it deems appropriate regarding any infringement, challenge, or claim. Aw also has the right to exclusively 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 arising out of any infringement. The franchisee is obligated to sign all documents, provide assistance, and take any action that Aw's attorneys deem necessary to protect Aw's interest in the marks.