Under what circumstances related to trademark law will the Bambu franchise agreement NOT be interpreted under Colorado law?
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.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to the 2025 Bambu Franchise Disclosure Document, the franchise agreement will generally be interpreted under the laws of Colorado. However, there is a specific exception related to trademark law.
Specifically, the Bambu franchise agreement will not be interpreted under Colorado law to the extent that it is governed by the United States Trademark Act of 1946 (Lanham Act) or applicable international trademark law. This means that any legal issues or disputes arising directly under these trademark laws will be subject to those specific laws, rather than Colorado state law.
This is a fairly standard provision in franchise agreements, as federal and international trademark laws are designed to provide a uniform framework for trademark protection and enforcement. Franchisees should be aware that trademark-related disputes will be handled under this distinct legal framework, potentially involving different procedures and legal standards than other aspects of the franchise agreement.