What must a Bananas Smoothies Frozen Yogurt developer do if they notice an infringement to their use of any Mark?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
- 8.3 Notification of Infringements and Claims. Developer agrees to notify Franchisor immediately of any apparent infringement or challenge to your use of any Mark, or of any claim by any person of any rights in any Mark, and Developer agrees not to communicate with any person other than Franchisor, Franchisor's attorneys and Developer's attorneys in connection with any such infringement, challenge or claim.
Franchisor has sole discretion to take such action as Franchisor deems appropriate and the right to control exclusively any litigation, U.S.
Patent and Trademark Office proceeding or any other administrative proceeding arising out of any such infringement, challenge or claim or otherwise relating to
any Mark. Developer agrees to sign any and all instruments and documents, render such assistance and do such acts and things as, in the opinion of Franchisor's attorneys, may be necessary or advisable to protect and maintain our interests in any litigation or Patent and Trademark Office or other proceeding or otherwise protect and maintain our interests in the Marks.
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, a developer must immediately notify the franchisor of any apparent infringement or challenge to their use of any Mark. They must also report any claim by any person of any rights in any Mark. The developer is not allowed to communicate with anyone other than the franchisor, the franchisor's attorneys, and the developer's own attorneys regarding the infringement, challenge, or claim.
Bananas Smoothies Frozen Yogurt retains sole discretion to take action it deems appropriate. The franchisor also has the right to exclusively control any litigation, U.S. Patent and Trademark Office proceeding, or any other administrative proceeding arising out of any infringement, challenge, or claim relating to any Mark.
The developer must sign all instruments and documents, provide assistance, and perform all actions deemed necessary or advisable by the franchisor's attorneys to protect and maintain the franchisor's interests in any litigation, Patent and Trademark Office, or other proceeding, or to otherwise protect and maintain the franchisor's interests in the Marks. This means the developer is legally obligated to cooperate fully with Bananas Smoothies Frozen Yogurt in protecting its trademarks.
This clause is typical in franchising, as the franchisor owns the trademarks and needs to control their protection. The franchisee's role is primarily to report any potential infringements, allowing the franchisor to take appropriate legal action. The franchisee's cooperation is essential for the franchisor to effectively defend its brand and trademarks.