Who are Aw franchisees permitted to communicate with regarding an infringement or challenge to the marks?

According to Aw's 2025 Franchise Disclosure Document, if a franchisee becomes aware of any potential infringement or challenge to the Aw trademarks, they are very limited in who they can discuss it with. Specifically, the franchisee is only permitted to communicate with Aw itself, Aw's attorneys, and their own attorneys regarding the issue.

This restriction is in place to ensure that Aw maintains control over how any potential trademark issues are handled. By limiting communication to these specific parties, Aw can ensure that consistent and accurate information is shared and that any legal strategies are coordinated effectively. This is a fairly standard practice in franchising, as franchisors typically want to control the narrative and legal strategy surrounding their trademarks.

The franchisee does not have the freedom to discuss the matter with other franchisees, potential infringers, or other third parties without Aw's consent. This is to prevent the spread of misinformation or the taking of actions that could harm Aw's legal position. The franchisee is obligated to immediately notify Aw in writing of any apparent infringement or challenge. Failing to do so could potentially put the franchisee in breach of the franchise agreement.

This requirement underscores the importance of franchisees understanding and respecting Aw's intellectual property rights. Franchisees should be diligent in protecting the trademarks and reporting any potential issues to Aw promptly. It also highlights the need for franchisees to have their own legal counsel to advise them on these matters and to communicate with Aw and its attorneys effectively.