After the termination or expiration of the franchise agreement, can an Aw franchisee make any written representation that any of the Marks is open to any other form of attack?
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 any of Aw's Marks is open to any form of attack, both during the term of the Franchise Agreement and after its termination or expiration. This restriction is in place to protect Aw's trademarks and brand reputation.
This means that a former Aw franchisee cannot claim that Aw's trademarks are invalid, infringe on another party's rights, or are otherwise vulnerable to legal challenges. This obligation extends beyond the duration of the franchise agreement, preventing former franchisees from undermining the brand's intellectual property after their relationship with Aw has ended.
The franchisee also agrees not to 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 take any action that derogates, tarnishes or dilutes Aw's claimed rights in and to the Marks. This ensures that the franchisee is committed to upholding the integrity and value of the Aw brand, even after the franchise agreement concludes.