What must a Bananas Smoothies Frozen Yogurt franchisee do if they notice an infringement of the Marks?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) Franchisee shall immediately notify Franchisor of any apparent infringement or challenge to Franchisee's use of the Marks.
Franchisor shall have sole discretion to take such action as it deems appropriate.
(d) If it becomes advisable at any time in the sole discretion of Franchisor for Franchisee to modify or discontinue use of any of the Marks and/or use one or more additional or substitute proprietary marks, Franchisee agrees to do so, and the sole obligation of Franchisor, in any such event, shall be to reimburse Franchisee for the direct costs of complying with its obligation.
(e) Franchisee shall not contest, directly or indirectly, Franchisor's ownership, title, right or interest in any proprietary mark, trade secret, method, procedure or advertising technique that is part of the System, or contest Franchisor's sole rights to register, use or license such proprietary marks, trade secrets, methods, procedures and techniques or any other trademark, service mark, logo or trade name which are developed by Franchisor or its affiliates and are derivatives of the Marks which are related to Franchisor's business.
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, if a franchisee observes any apparent infringement or challenge to their use of the Marks, they are obligated to immediately inform the franchisor, Everything Yogurt Brands, LLC. The term "Marks" refers to the trademarks, service marks, and commercial symbols associated with Bananas Smoothies Frozen Yogurt.
Once notified, Everything Yogurt Brands, LLC has the sole discretion to decide what actions to take in response to the infringement or challenge. This means the franchisee does not have the authority to independently pursue legal action or other measures to protect the Marks. The franchisee's role is limited to reporting the issue to the franchisor.
This requirement ensures that Everything Yogurt Brands, LLC maintains control over the protection and enforcement of its brand identity. By centralizing the response to infringements, the franchisor can ensure a consistent and strategic approach to safeguarding its intellectual property. This also prevents individual franchisees from taking actions that could potentially harm the overall brand or create legal complications.
Furthermore, the FDD states that the franchisee must agree to modify or discontinue the use of any of the Marks if the franchisor deems it advisable. In such cases, the franchisor will only reimburse the franchisee for the direct costs of complying with this obligation. The franchisee also agrees not to contest the franchisor's ownership, title, right, or interest in any proprietary mark, trade secret, method, procedure, or advertising technique that is part of the System.