Who determines whether action will be taken on account of any possible infringement of the Bambu trademark?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall notify Bambu in writing of any possible infringement or illegal use by others of a trademark the same as or confusingly similar to the Marks which may come to its attention.
Franchisee acknowledges that Bambu shall have the right, in its sole discretion, to determine whether any action will be taken on account of any possible infringement or illegal use.
Bambu may commence or prosecute such action in Bambu's own name and may join Franchisee as a party to the action if Bambu determines it to be reasonably necessary for the continued protection and quality control of the Marks and Bambū system.
Bambu shall bear the reasonable cost of any such action, including attorneys' fees.
Franchisee must fully cooperate with Bambu in any such litigation.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, Bambu has the sole discretion to determine whether to take action regarding any potential trademark infringement. Franchisees are required to notify Bambu in writing if they become aware of any possible infringement or illegal use of trademarks that are the same as or confusingly similar to Bambu's marks.
Bambu retains the right to commence or prosecute legal action in its own name. Bambu may include the franchisee as a party in the action if it is deemed reasonably necessary for the protection and quality control of the marks and the Bambu system.
Bambu is responsible for covering the reasonable costs associated with any such legal action, including attorney's fees. The franchisee is obligated to fully cooperate with Bambu in any litigation related to trademark infringement.