What must a Buona franchisee do if they suspect infringement of the Buona marks?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
- 5.7 Mark Infringement.
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, a franchisee is required to immediately notify Buona in writing if they suspect any infringement or challenges to the validity or ownership of the Buona marks, or Buona's right to use these marks. This obligation ensures that Buona can take swift action to protect its brand and intellectual property.
Buona retains the sole discretion to determine whether to take any action regarding the suspected infringement or illegal use of its marks. Buona, or its affiliate, has the right to prosecute any action in its own name and may include the franchisee as a party to the action if it is deemed reasonably necessary to protect the marks and the Buona system.
Buona, or its affiliate, will bear the reasonable costs of any legal action, including attorney's fees. The franchisee is obligated to fully cooperate with Buona in any litigation related to the infringement of the Buona marks. This cooperation is essential for Buona to effectively defend its trademarks and maintain the integrity of its brand.