What right does Bambu reserve regarding actions to protect the marks?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
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, Bambu retains the right to take any actions it deems necessary to protect its trademarks. While the Franchise Agreement does not obligate Bambu to protect franchisees against infringement claims related to the use of the marks, Bambu reserves the right to act in its sole discretion.
Bambu will cover all costs, including legal fees and court costs, for any litigation it decides to initiate or defend on behalf of the franchisee to protect the marks and the franchisee's right to use them. Franchisees are required to cooperate with Bambu in any litigation. Any potential infringement or challenges to the use of any mark must be immediately reported to Bambu, and franchisees are prohibited from communicating with anyone other than Bambu or its counsel regarding such matters.
Furthermore, franchisees cannot settle any claim without Bambu's written consent. Bambu has the exclusive right to control any litigation, USPTO proceeding, or other administrative proceeding arising from any infringement, challenge, or claim relating to any mark. This means that while Bambu may bear the financial burden of protecting the marks, it also maintains complete control over the legal strategy and decisions related to trademark protection.