Who has the right to control litigation arising out of any infringement of the Aw 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, Aw has sole discretion to take any action it deems appropriate regarding infringement of its marks. 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, challenge, or claim relating to any Aw mark.
This means that as an Aw franchisee, you are required to notify Aw immediately in writing of any potential infringement or challenges to the use of any Aw mark. You are not allowed to communicate with anyone other than Aw, their attorneys, or your own attorneys regarding the infringement, challenge, or claim. Aw retains complete control over how these situations are handled.
This is a fairly standard clause in franchise agreements, as franchisors need to protect their brand's intellectual property. The franchisee is obligated to assist Aw by signing documents and taking actions deemed necessary by Aw's attorneys to protect their interests in any litigation or proceedings related to the marks. This ensures that Aw can act decisively to protect its brand and trademarks, while the franchisee is required to cooperate in these efforts.