Does Brightstar Care have an obligation to prosecute unauthorized use of the trademarks?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
rial litigation involving the Marks. You must promptly notify us of any suspected unauthorized use of the Marks, any challenge to the validity of the Marks, or any challenge to our ownership of, our right to use and to license others to use, or
your right to use the Marks. We have the sole right to direct and control any administrative proceeding or litigation involving the Marks, including the right to settle the proceedings or litigation.
Source: Item 13 — TRADEMARKS (FDD pages 75–77)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, while franchisees must promptly notify Brightstar Care of any suspected unauthorized use of the Marks, Brightstar Care does not have an obligation to take action against third parties for infringement. Instead, Brightstar Care retains the exclusive right, but not the obligation, to affirmatively prosecute actions against third parties for infringement or threatened infringement of the Marks.
This means that as a Brightstar Care franchisee, you are responsible for informing Brightstar Care of any potential trademark infringements you become aware of. However, the decision to pursue legal action against the infringing party rests solely with Brightstar Care. They have the right to decide whether or not to take action, and you cannot force them to do so.
This is a fairly typical arrangement in franchising, as the franchisor has the most at stake in protecting the overall brand. However, it's important to recognize that Brightstar Care is not obligated to act, so franchisees should not assume that legal action will automatically be taken, even if infringement is clear. Franchisees are bound by Brightstar Care's decisions in handling disputes regarding the Marks and must fully cooperate with Brightstar Care and sign any documents and perform any actions Brightstar Care deems necessary, appropriate, or advisable to defend claims, suits, or demands and to protect and maintain their rights in the Marks.