Who has the discretion to take action regarding infringement of the Bananas Smoothies Frozen Yogurt Marks?

According to the 2025 Bananas Smoothies Frozen Yogurt FDD, the franchisor has sole discretion to take action regarding infringement of the brand's marks. The franchisee is obligated to notify the franchisor immediately of any apparent infringement or challenge to the franchisee's use of the marks. The franchisee must also refrain from communicating with any party other than the franchisor and their respective attorneys regarding any infringement, challenge, or claim.

Bananas Smoothies Frozen Yogurt retains the exclusive right to 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 franchisee is required to assist the franchisor by signing documents and providing necessary support to protect and maintain the franchisor's interests in any litigation or proceeding.

This clause ensures that Bananas Smoothies Frozen Yogurt maintains control over its brand and trademarks, protecting its reputation and goodwill. It also prevents franchisees from taking actions that could harm the brand or create legal complications. Franchisees benefit from this arrangement as they are not burdened with the costs and complexities of managing trademark disputes, while the franchisor ensures consistent and effective protection of the brand's intellectual property.