What specific actions must Aw franchisees take to assist in protecting Aw's interest in litigation 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 to assist in protecting Aw's trademark interests. 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, they must immediately notify Aw in writing. The franchisee is restricted from communicating with anyone other than Aw, their attorneys, or Aw's attorneys about the issue.
Aw retains sole discretion over any action taken and has 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 the marks. This means Aw decides the strategy and course of action.
Franchisees are obligated to sign all documents, provide assistance, and take any action deemed necessary or advisable by Aw's attorneys to protect and maintain Aw's interest in any legal or administrative proceedings related to the marks. This could include providing information, giving testimony, or executing legal documents. These requirements ensure that Aw can fully protect its trademarks, which are critical to the franchise system, while also placing certain responsibilities on the franchisee to actively support these efforts.