What is a Bambu franchisee required to do if they become aware of 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 is required to notify Bambu in writing if they become aware of any potential trademark infringement or illegal use of a trademark that is the same as or confusingly similar to Bambu's marks.
Bambu retains the sole discretion to decide whether or not to take action regarding the potential infringement or illegal use. Bambu has the right to initiate legal action in its own name and may include the franchisee as a party in the action if it is deemed reasonably necessary to protect the Marks and Bambu system.
Bambu is responsible for covering 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 the trademark infringement. This ensures that Bambu can effectively protect its brand and system while involving the franchisee in the process.