After the termination or expiration of the franchise agreement, can an Aw franchisee take any action that tarnishes our claimed rights in and to the Marks?

According to Aw's 2025 Franchise Disclosure Document, franchisees are prohibited from taking any action that could harm or dilute Aw's rights to its trademarks, both during the term of the agreement and after termination or expiration. Specifically, franchisees cannot make representations that the Marks are invalid, contest the validity or ownership of the Marks, or take any action that tarnishes or dilutes Aw's claimed rights. This restriction is in place to protect the brand's reputation and the value of its trademarks.

After the franchise agreement ends, the franchisee must not identify themselves or any business as a current or former Papa Ray's Pizza Restaurant or use Aw's Marks in any way. They must also return or destroy all materials containing the Marks, cancel any registrations related to the Marks, and notify the phone company and listing agencies about the termination of their right to use any phone numbers or listings associated with the Marks. Additionally, the franchisee must assign to Aw any domain name registrations, websites, or social media presence using the Marks.

These obligations ensure that upon termination or expiration of the franchise agreement, the franchisee completely separates themselves from the Aw brand and does not take any actions that could damage the brand's image or create confusion in the marketplace. Aw retains control over its Marks and ensures consistent brand representation, even after a franchise relationship ends. This is a standard practice in franchising, as franchisors need to protect their brand identity and goodwill.