If a Buona franchisee suspects infringement of the Buona marks, what is the franchisee required to do?
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 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, if a franchisee suspects any infringement of Buona's trademarks, they must immediately notify Buona in writing. This notification should include any challenges to the validity of the ownership or Buona's right to use the marks.
Buona retains the sole discretion to decide whether or not to take action regarding the potential infringement or illegal use of their marks. Buona, or its affiliate, has the right to pursue legal action in their own name and may include the franchisee in the action if deemed necessary to protect the marks and the integrity of 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 trademark infringement. This clause ensures that Buona maintains control over its brand and that franchisees play a supportive role in protecting the brand's intellectual property.