What should a Bambu franchisee do if they notice uses of names or marks confusingly similar to Bambu's marks?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
renew our Mark registrations at the appropriate time.
No agreements limit our right to use or license the use of the Marks.
You should bring any uses of names or marks confusingly similar to the Marks to our attention immediately.
We are aware of other businesses that use names similar to the Marks in certain areas. Some of these other businesses have federally registered trademarks covering similar goods and services such as restaurants and coffee products. As a result, there may be superior prior rights or infringing uses that could materially affect the use of the Marks in certain areas. We strongly urge you to research this possibility, using telephone directories, local filings and other means, before you sign the Franchise Agreement or any other documents related to your business, or expending or paying any sums or making any commitments concerning your business. If you fail to do so, you may be at risk.
The Franchise Agreement does not obligate us to protect you against claims of infringement or unfair competition with respect to your use of the Marks. We reserve the right, in our sole discretion, to take any actions that we deem necessary or appropriate to protect the Marks. We pay all costs, including attorneys'
fees and court costs, associated with any litigation we decide to commence or defend on your behalf to protect the marks and your right to use them. You must cooperate with us in any litigation. Any apparent infringement of or challenge to your use of any Mark should be brought to our attention immediately and you may not communicate with any person other than us or our counsel regarding any such matter. You may not settle any claim without our written consent. We have sole discretion to take any appropriate action. We have the right to control exclusively any litigation, USPTO proceeding or any other administrative proceeding arising out of any infringement, challenge or claim relating to any Mark.
Source: Item 13 — (FDD pages 40–42)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, a franchisee must immediately bring any uses of names or marks confusingly similar to Bambu's marks to the franchisor's attention. The franchisee is prohibited from communicating with any person other than Bambu or its counsel regarding any potential infringement or challenge. Furthermore, a franchisee cannot settle any claim without Bambu's written consent.
Bambu retains sole discretion to take any appropriate action regarding potential infringements. This includes 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.
This means that while franchisees are responsible for being vigilant about potential trademark infringements, they are not authorized to take independent action. Instead, they must report their concerns to Bambu and allow the franchisor to handle the matter. This approach is typical in franchising, as it allows the franchisor to maintain brand consistency and control legal strategy.