What trademark law governs the Bambu agreement?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
Otherwise, except to the extent governed by the United States Trademark Act of 1946 (Lanham Act, 15 U.S.C. Sections 1051 et seq.) or applicable International trademark law, this Agreement shall be interpreted under the laws of the State of Colorado U.S.A. and any dispute between the parties shall be governed by and determined in accordance with the internal substantive laws, and not the laws of conflict, of the State of Colorado U.S.A., which laws shall prevail in the event of any conflict of law.
Notwithstanding the foregoing, the parties agree that the Colorado Consumer Protection Act (COLO. REV. STAT. ANN. Sections 6-1-101, et seq.) shall not apply to this Agreement or any disputes between the parties.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, the franchise agreement is governed by the United States Trademark Act of 1946 (Lanham Act, 15 U.S.C. Sections 1051 et seq.) or applicable international trademark law. This means that federal and international laws pertaining to trademarks will dictate how the agreement is interpreted and enforced with respect to trademark issues.
This is a standard practice in franchising, as trademarks are a critical asset for franchise systems. The Lanham Act provides a federal framework for trademark protection, while international laws come into play when a franchise operates across national borders. For a Bambu franchisee, this means that any disputes related to the use, infringement, or protection of the Bambu trademarks will be subject to these laws.
Beyond trademark law, the Bambu franchise agreement is generally interpreted under the laws of the State of Colorado, except where those laws conflict with federal trademark law. This ensures that there is a consistent legal framework governing the agreement, while also acknowledging the importance of federal and international trademark protections. However, the Colorado Consumer Protection Act specifically does not apply to the agreement or any disputes arising from it.