Does Buona currently have any pending material federal or state court litigation regarding the use or ownership rights in any of its Marks?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
used by you if you are purchasing a franchise for a Dual Brand Business are disclosed in Five Flavors' Franchise Disclosure Document.
There is currently no pending material federal or state court litigation regarding our use or ownership rights in any of our Marks. There are no effective material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state, or any court, and no pending infringement, opposition, or cancellation proceedings or material litigation involving the Marks. Before you sign the Franchise Agreement, you should investigate independently whether your use of the Marks in your area might infringe on the rights of any third party, particularly in your intended area of operation.
Source: Item 13 — TRADEMARKS (FDD pages 48–50)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, there is currently no pending material federal or state court litigation regarding Buona's use or ownership rights in any of its Marks. Additionally, there are no effective material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state, or any court. There are also no pending infringement, opposition, or cancellation proceedings or material litigation involving the Marks. However, Buona advises that prospective franchisees should independently investigate whether their use of the Marks in their area might infringe on the rights of any third party, particularly in their intended area of operation, before signing the Franchise Agreement.
This statement provides some assurance to potential franchisees that Buona is not currently embroiled in any legal battles over its trademarks. However, the disclaimer about independently investigating potential infringement suggests that Buona is not offering an absolute guarantee of trademark protection in all areas. It is standard practice for franchisors to protect their trademarks, and this clause indicates that Buona takes steps to do so.
It is important for prospective Buona franchisees to conduct their own due diligence and possibly consult with an attorney to assess the risk of trademark infringement in their specific location. While Buona states they are unaware of any superior prior rights or infringing uses that could materially affect a franchisee's use of the Marks, the responsibility ultimately falls on the franchisee to ensure they are not infringing on any existing trademarks in their area.