Are there any agreements that limit Bambu's right to use or license the use of the Marks?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
ssary to keep these registrations in effect. We intend to continue to 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.
ITEM 14
PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
We do not own any patents or copyright registrations or any pending patent or copyright applications which are material to the franchise. We consider our FRC Materials and related materials, training materials, drink and food item preparation information, ingredients and cooking recipes, menus, food preparation techniques and methods, customer and loyalty member lists, our Bambū system and any program that we develop as our proprietary and confidential property. They may be used by you only as described in the Franchise Agreement. You must maintain the confidentiality of our proprietary information and adopt reasonable procedures to safeguard our written materials and prevent unauthorized disclosure of our trade secrets and proprietary information, such as requiring that you enter into a nondisclosure and noncompetition agreement with each of your employees. Although we have not obtained a copyright registration, we own the copyright in our FRC Materials, training materials, advertising materials and other works.
We may, in our discretion, require you and each of your officers, partners, directors, beneficial owners and employees who become aware of or have access to our confidential information, and their immediate family members, to execute our Nondisclosure and Noncompetition Agreement in the form attached to this Disclosure Document as Exhibit C.
Source: Item 13 — (FDD pages 40–42)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, there are no agreements that limit their right to use or license the use of their trademarks. However, the FDD does acknowledge the existence of other businesses using similar names in certain areas, some of which possess federally registered trademarks for similar goods and services like restaurants and coffee products. This situation could potentially lead to superior prior rights or infringing uses that might impact the franchisee's use of the Bambu marks in specific locations.
Bambu strongly advises prospective franchisees to conduct thorough research, including checking telephone directories and local filings, to assess this risk before signing any agreements or making any financial commitments. It is important for potential franchisees to understand that the Franchise Agreement does not obligate Bambu to protect them against claims of infringement or unfair competition related to their use of the marks. However, Bambu reserves the right to take necessary actions to protect the marks at their discretion, covering associated legal costs if they decide to litigate.
Furthermore, franchisees are required to immediately report any potential infringements or challenges to the use of Bambu's marks and must cooperate with Bambu in any related litigation. Franchisees are prohibited from communicating with any party other than Bambu or its counsel regarding such matters and cannot settle any claims without Bambu's written consent. Bambu retains exclusive control over any litigation, USPTO proceedings, or administrative actions arising from infringement, challenge, or claim relating to any Mark.
In addition to registered trademarks, Bambu claims common law rights to unregistered trademarks and service marks used in Bambu shops. These unregistered trademarks do not have the same legal benefits as federally registered ones. If the right to use these unregistered trademarks is challenged, franchisees may need to switch to alternative trademarks, potentially increasing their expenses. Franchisees must use the mark "BAMBŪ" as the principal identification of their Bambū shoppe and identify themselves as independent owners. They are restricted from using the Marks in unauthorized ways, including in corporate or trade names, electronic mail addresses, internet sites, or domain names, unless expressly permitted by Bambu.