Are there any pending infringement proceedings involving the Aw marks?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
Other than as described above, there are no currently effective material determinations of the PTO, the Trademark Trial and Appeal Board, or any state trademark administrator or court, nor are there any pending infringement, opposition or cancellation proceedings or material litigation involving the Marks. There are no agreements currently in effect that significantly limit our right to use or license the use of the Marks in any manner material to you.
Source: Item 13 — TRADEMARKS (FDD pages 30–32)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, there are no currently pending infringement, opposition, or cancellation proceedings or material litigation involving the Papa Ray's Pizza & Wings Marks, except for a past cancellation proceeding initiated by U.S.A. Famous Original Ray's Licensing Corp. that concluded on November 26, 2013. The filing was based on U.S.A. Famous Original Ray's Licensing Corp’s ownership and use of the mark Famous Original Ray's Pizza. The PTO cancelled Aw's affiliate's registrations for the Papa Ray's Pizza & Wings mark and logo. Aw does not have a federal registration for their principal trademark. The Famous Original Ray's Pizza mark is currently only in use in New York, and Aw does not intend to offer and sell franchises in New York.
This means that, aside from the previously resolved matter, Aw is not currently involved in any legal disputes regarding its trademarks. However, because Aw does not have a federal registration for its principal trademark, the trademark does not have many legal benefits and rights as a federally registered trademark. If Aw's right to use the trademark is challenged, a franchisee may have to change to an alternative trademark, which may increase their expenses.
It is important to note that Aw is not required to protect a franchisee's use of the Marks or to defend them against a claim against their use of the Marks, although they have the right to defend the claim if they so choose to do so. However, Aw will indemnify a franchisee against, and reimburse them for all damages (except for any consequential damages, including loss of revenue and/or profits) for which they are held liable, and for all costs they reasonably incur in the defense of any claim in which they are named as a party, in any proceeding brought against them by any third party arising out of their use of any Mark, so long as their use of the Marks was in compliance with the Franchise Agreement and Aw's rules and they have timely notified Aw of the claim or proceeding.