After the termination or expiration of the franchise agreement, can an Aw franchisee make any written representation that any of the Marks infringes the rights of any person?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
You must not, at any time during the term of this Agreement or after its termination or expiration do any of the following: (1) make any oral or written representation or admission that any of the Marks is in any way invalid or infringes the rights of any person or is open to any other form of attack, (2) contest the validity or ownership of any of the Marks or assist any other person in contesting the validity or ownership of the Marks, or (3) take any action that derogates, tarnishes or dilutes our claimed rights in and to the Marks.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, a franchisee is prohibited from making any written representation that the Marks infringe on anyone's rights, not only during the term of the agreement but also after its termination or expiration. This restriction is in place to protect Aw's trademarks and brand identity.
This provision ensures that former franchisees cannot undermine Aw's brand by claiming the trademarks are invalid or infringe upon the rights of others. It reinforces Aw's control over its intellectual property and prevents potential legal challenges from former franchisees who might seek to exploit the brand's reputation for their own purposes after the franchise agreement ends.
For a prospective Aw franchisee, this means understanding that their rights to use the Marks are strictly limited to the duration and terms of the franchise agreement. After the agreement ends, they must not take any action that could harm the brand's reputation or create legal issues for Aw. This includes refraining from any statements, written or oral, that could be interpreted as an attack on the validity or legality of Aw's trademarks.