After termination or expiration of the Brightstar Care agreement, what are franchisees prohibited from doing regarding identification with the Brightstar Care brand?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
of this Agreement without first notifying us of the alleged breach and giving us the opportunity to correct that breach, as provided above in this Section. Your failure to give us such notice and opportunity to cure will preclude your claim for damages.
14. POST-TERM OBLIGATIONS
14.1 Your Obligations and Our Rights upon Termination or Expiration
Upon the termination or expiration of this Agreement for any reason:
- 14.1.1 De-Identification. You and your owners may not directly or indirectly at any time afterward or in any manner (except in connection with other BrightStar Agencies you or they own and operate): (a) identify yourself or themselves in any business as a current or former BrightStar Care Agency or as one of our current or former franchisees; (b) use any Licensed Mark, any colorable imitation of a Licensed Mark, any trademark, service mark, or commercial symbol that is confusingly similar to any Licensed Mark, or other indicia of a BrightStar Care Agency for any purpose; or (c) use for any purpose any trade dress, trade name, trademark, service mark, or other commercial symbol suggesting or indicating a connection or association with us.
- 14.1.2 Immediately vacate the Agency premises if we exercise our rights pursuant to the Collateral Assignment of Lease attached as Exhibit C.
- 14.1.3 Immediately pay all sums owing to us, including Royalty/Continuing Fees, General Marketing Fees, VA Fees, interest, and all other amounts owed to us (and our affiliates) that then are unpaid. Upon termination due to your default, such sums will include actual damages, costs and expenses, and reasonable attorneys' fees we incurred as a result of the default.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, after the franchise agreement terminates or expires, franchisees face specific restrictions to ensure they no longer represent themselves as part of the Brightstar Care system.
Specifically, the franchisee and their owners cannot directly or indirectly identify themselves in any business as a current or former Brightstar Care agency or franchisee, except if they own and operate other Brightstar Care agencies. They are prohibited from using any Licensed Mark, any imitation of a Licensed Mark, or any trademark, service mark, or commercial symbol that is confusingly similar to any Licensed Mark. Additionally, they cannot use any trade dress, trade name, trademark, service mark, or other commercial symbol that suggests a connection or association with Brightstar Care.
Moreover, the franchisee must immediately stop using all telephone numbers and listings used in operating the franchised business and instruct the telephone company to transfer those numbers. They must also cease using the Licensed Marks and any other marks associated with the Brightstar Care Agency Program, including on printed materials. All signage bearing the Licensed Marks must be removed from the premises, and upon request, the fascia for such signs must be delivered to Brightstar Care. These measures ensure a clear separation between the former franchisee and the Brightstar Care brand, protecting the brand's integrity and preventing potential customer confusion.