To whom should a Bambu franchisee report a possible trademark infringement?
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, a franchisee must notify Bambu in writing of any potential trademark infringements or illegal use of marks that are the same as or confusingly similar to Bambu's trademarks. This includes any instances that come to the franchisee's attention during the operation of their Bambu shop.
Bambu retains the sole discretion to decide whether to take action regarding the infringement or illegal use. Bambu has the right to initiate and manage any legal action in its own name. If Bambu deems it necessary for the protection and quality control of its marks and the Bambu system, the franchisee may be required to participate in the legal action.
Bambu will cover the reasonable costs associated with any legal action, including attorney's fees. The franchisee is obligated to fully cooperate with Bambu in any litigation related to trademark infringement. This ensures that Bambu can effectively protect its brand and system standards, while the franchisee is legally bound to assist in these efforts.