What is the Bananas Smoothies Frozen Yogurt franchisee required to do if they notice an infringement of the Marks?

According to the 2025 Bananas Smoothies Frozen Yogurt FDD, a franchisee is required to immediately notify the franchisor of any apparent infringement or challenge to the franchisee's use of the Marks. The term "Marks" refers to trademarks, service marks, and other commercial symbols used by EYB Concepts, including "Green Leaf's Beyond Great Salads," "Bananas Smoothies & Frozen Yogurt," and "The Market By Villa."

After the franchisee notifies Bananas Smoothies Frozen Yogurt of the infringement, the franchisor has sole discretion to take action that it deems appropriate. This means the franchisee does not have control over how the franchisor responds to the infringement.

This clause is typical in franchise agreements, as the franchisor owns the trademarks and is responsible for protecting them. The franchisee's role is limited to reporting potential infringements, while the franchisor decides on the appropriate course of action. This protects the brand's integrity and ensures consistent enforcement of trademark rights.