With whom is a Bananas Smoothies Frozen Yogurt franchisee allowed to communicate regarding an infringement of the Marks?

According to the 2025 Bananas Smoothies Frozen Yogurt Franchise Disclosure Document, a franchisee must immediately notify the franchisor of any apparent infringement or challenge to the franchisee's use of the Marks. The franchisor has sole discretion to take action it deems appropriate.

This means that if a Bananas Smoothies Frozen Yogurt franchisee notices someone else using similar branding or trademarks, they are obligated to inform the franchisor, Everything Yogurt Brands, LLC. It is then up to the franchisor to decide how to respond to the potential infringement. The franchisee does not have the authority to directly engage with the infringing party or take independent legal action.

This clause is typical in franchise agreements, as it allows the franchisor to maintain control over its brand and trademarks. By centralizing the response to infringements, Bananas Smoothies Frozen Yogurt can ensure a consistent and strategic approach to protecting its intellectual property. The franchisee's role is limited to reporting the issue, leaving the legal and strategic decisions to the franchisor.