Who has the right to control litigation involving the Brightstar Care 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. We have the exclusive right, but not the obligation, to affirmatively prosecute actions against third parties for infringement or threatened infringement of the Marks.
We or our affiliates have the sole right to handle disputes with third parties regarding the Marks. You must immediately notify us in writing if you learn of any improper or infringing use of any Mark. We have the right to take any action we deem best, including to take no action, and the sole right to control any legal proceeding or negotiation resulting from any infringement, challenge, or claim or otherwise relating to the Marks. You may not settle or compromise any claim, suit, or demand asserted against you; you will be bound by our decisions in handling disputes regarding the Marks. You must fully cooperate with us and sign any documents and perform any actions we deem necessary, appropriate, or advisable to defend claims, suits, or demands and to protect and maintain our rights in the Marks. Unless it is established that a third-party claim asserted against you is based, directly or indirectly, on your misuse of the Marks, we will defend you at our cost against the third-party claim relating to the Marks, provided you have notified us immediately after learning of the claim and fully cooperate in the defense. Because we will defend the third-party claim relating to the Marks, you are not entitled to reimbursement for legal or other professional fees or costs paid to independent legal counsel or others in the matter. Despite our agreement to defend you, we are not liable to indemnify or reimburse you for any liability, costs, expenses, damages, or losses you sustain because of the third-party claim (unrelated to the costs of defense).
We are not aware of any superior prior rights or infringing uses that could materially affect your use of the Marks in any state;
Source: Item 13 — TRADEMARKS (FDD pages 75–77)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, Brightstar Care retains the sole right to direct and control any administrative proceeding or litigation involving its trademarks. This includes the right to settle any such proceedings or litigation. Brightstar Care also has the exclusive right, but not the obligation, to take legal action against third parties for infringement or threatened infringement of the Marks.
This means that as a Brightstar Care franchisee, you must promptly notify Brightstar Care of any suspected unauthorized use of the Marks, any challenge to the validity of the Marks, or any challenge to Brightstar Care's ownership of, its right to use and to license others to use, or your right to use the Marks. While franchisees are required to report any potential trademark issues, they do not have the authority to independently pursue legal action to protect the trademarks.
Brightstar Care also has the sole right to handle disputes with third parties regarding the Marks. Franchisees must immediately notify Brightstar Care in writing if they learn of any improper or infringing use of any Mark. Brightstar Care has the right to take any action it deems best, including to take no action, and the sole right to control any legal proceeding or negotiation resulting from any infringement, challenge, or claim or otherwise relating to the Marks. Franchisees may not settle or compromise any claim, suit, or demand asserted against them; they will be bound by Brightstar Care's decisions in handling disputes regarding the Marks. Franchisees 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 its rights in the Marks.
Brightstar Care will defend the franchisee at its cost against third-party claims relating to the Marks, unless the claim is based on the franchisee's misuse of the Marks, provided the franchisee has notified Brightstar Care immediately after learning of the claim and fully cooperates in the defense. However, franchisees are not entitled to reimbursement for legal or other professional fees or costs paid to independent legal counsel or others in the matter. Despite Brightstar Care's agreement to defend the franchisee, it is not liable to indemnify or reimburse the franchisee for any liability, costs, expenses, damages, or losses the franchisee sustains because of the third-party claim (unrelated to the costs of defense).