What is the geographic scope of the Brightstar Care Trademark License Agreement?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
We derive our right to use and sublicense the Marks from an Amended and Restated Trademark License Agreement (the "Trademark License Agreement") dated September 1, 2009, with Bright Star Nevada. Under the terms of the Trademark License Agreement, we have the exclusive right in the United States of America to use and sublicense the Marks in connection with the offer and sale of franchises to third parties. Specifically, Bright Star Nevada has licensed us the right to use and sublicense the Marks in operating Agencies offering medical and/or non-medical home health, medical and nursing personnel placement, and recruiting and staffing services. The Trademark License Agreement is for the United States of America and is exclusive. The Trademark License Agreement may be terminated by mutual agreement of the parties. Additionally, either party may terminate the Trademark License Agreement in the event of: (i) any material breach of an obligation by the other party, which breach is capable of being, but is not, cured within 60 days after written notice of the breach to the breaching party; or (ii) any situation in which a party commits a material breach of the Trademark License Agreement that is not capable of being cured within 60 days and the non-breaching party provides written notice of the breach and notice of termination. Except for the Trademark License Agreement, there are no agreements currently in effect that significantly limit our right to use or sublicense the Marks. The Trademark License Agreement may be modified periodically by Bright Star Nevada and us.
Source: Item 13 — TRADEMARKS (FDD pages 75–77)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, the Trademark License Agreement grants Brightstar Care the exclusive right within the United States of America to use and sublicense the Marks in connection with offering and selling franchises to third parties. Bright Star Nevada has licensed Brightstar Care the right to use and sublicense the Marks in operating Agencies that offer medical and/or non-medical home health, medical and nursing personnel placement, and recruiting and staffing services.
This means that Brightstar Care has the sole authority to use and allow its franchisees to use the specified trademarks throughout the United States. This exclusivity is a significant benefit for franchisees, as it helps to ensure brand consistency and recognition across the country.
The Trademark License Agreement, effective September 1, 2009, can be terminated by mutual agreement or if either party materially breaches the agreement and fails to cure the breach within 60 days of written notice. A non-curable material breach also allows termination with written notice. This provision protects both Brightstar Care and Bright Star Nevada, outlining conditions under which the agreement can be dissolved, ensuring accountability and recourse in case of significant violations.
Prospective franchisees should be aware that Brightstar Care reserves the right to substitute different Marks to identify the BrightStar Care Agency Program. Franchisees must discontinue using all Marks that have been modified or discontinued within 10 days of receiving written notice and promptly begin using such additional, modified, or substituted Marks at their expense. This condition highlights the importance of staying updated with any changes to the brand's trademarks and being prepared to adapt marketing and branding materials accordingly.