As of the date of the Disclosure Document, are there any pending infringement proceedings involving the Bambu Marks?

According to Bambu's 2025 Franchise Disclosure Document, as of the date of the document, there are no currently effective determinations by the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator of any state, or any court regarding pending infringement, opposition, cancellation proceedings, or material litigation involving the Bambu Marks. Bambu states that they have filed all required affidavits for the registered Marks and have renewed the registrations as necessary to keep them in effect, with the intention of continuing to renew them at the appropriate times. Bambu also states that no agreements limit their right to use or license the use of the Marks.

However, the FDD also indicates that Bambu is aware of other businesses using similar names in certain areas, some of which have federally registered trademarks for similar goods and services like restaurants and coffee products. This situation could lead to superior prior rights or infringing uses that might materially affect the use of the Bambu Marks in certain areas. Bambu urges prospective franchisees to research this possibility thoroughly before signing any agreements or making any commitments.

While Bambu does not obligate itself to protect franchisees against claims of infringement or unfair competition related to the use of the Marks, it reserves the right to take actions it deems necessary to protect the Marks. Bambu will cover all costs, including attorneys' fees and court costs, associated with any litigation it decides to commence or defend on behalf of the franchisee to protect the marks and the franchisee's right to use them. The franchisee is required to cooperate with Bambu in any litigation and must immediately report any apparent infringement or challenge to the use of any Mark. The franchisee cannot communicate with anyone other than Bambu or its counsel regarding such matters and cannot settle any claim without Bambu's written consent. Bambu has the exclusive right to control any litigation, USPTO proceeding, or any other administrative proceeding arising out of any infringement, challenge, or claim relating to any Mark.

Given these factors, a prospective Bambu franchisee should conduct thorough due diligence to assess the potential risks associated with trademark infringement in their specific area. This includes researching local filings, telephone directories, and other means to identify any conflicting trademarks or businesses with similar names. Understanding these risks and the extent of Bambu's support in case of infringement claims is crucial before investing in a franchise.