Who determines whether action will be taken regarding possible infringement of the Buona marks?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall immediately notify Franchisor in writing of any suspected infringement of, or challenge to, the validity of the ownership of, or Franchisor's and Franchisor's affiliate's right to use, the Marks.
Franchisee acknowledges that Franchisor and Franchisor's affiliate have the right, in their sole discretion, to determine whether any action will be taken on account of any possible infringement or illegal use of the Marks.
Franchisor and/or Franchisor's affiliate may prosecute the action in Franchisor's or Franchisor's affiliate's own name and may join Franchisee as a party to the action if Franchisor or Franchisor's affiliate determines it to be reasonably necessary for the continued protection and quality control of the Marks and the System.
Franchisor or Franchisor's affiliate shall bear the reasonable cost of any such action, including attorneys' fees.
Franchisee shall fully cooperate with Franchisor in any such litigation.
Source: Item 23 — RECEIPTS (FDD pages 78–356)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, Buona and its affiliate have the sole discretion to determine whether any action will be taken regarding possible infringement or illegal use of the Buona marks.
As a Buona franchisee, you are required to immediately notify Buona in writing of any suspected infringement or challenges to the validity or ownership of the Buona marks. Buona and/or its affiliate can then decide if they will prosecute the action in their own name. They may also include you as a party to the action if they deem it reasonably necessary to protect the marks and the Buona system.
Buona or its affiliate will bear the reasonable costs of any such legal action, including attorney's fees, and as a franchisee, you are obligated to fully cooperate with Buona in any litigation related to mark infringements. This clause emphasizes the importance of protecting Buona's brand identity and ensures that Buona maintains control over how its marks are defended, while also outlining the franchisee's responsibilities in supporting these efforts.