factual

After the termination of a Brightstar Care franchise, what are franchisees and their owners prohibited from doing regarding identifying themselves in business?

Brightstar_Care Franchise · 2025 FDD

Answer from 2025 FDD Document

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.

Source: Item 22 — CONTRACTS (FDD pages 117–118)

What This Means (2025 FDD)

According to Brightstar Care's 2025 Franchise Disclosure Document, after the termination or expiration of the Franchise Agreement, franchisees and their owners face specific restrictions regarding how they identify themselves in business. They are prohibited from directly or indirectly identifying themselves in any business as a current or former BrightStar Care Agency or as a current or former franchisee of BrightStar Care. This restriction applies at any time after the termination or expiration, unless they own and operate other BrightStar Care Agencies.

Additionally, franchisees and their owners cannot use 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. They are also barred from using any trade dress, trade name, trademark, service mark, or other commercial symbol that suggests a connection or association with Brightstar Care.

These post-term obligations are designed to protect Brightstar Care's brand identity and prevent confusion in the marketplace. A franchisee needs to be aware of these restrictions, as violating them could lead to legal consequences. It is a common practice in franchising to have such non-compete and de-identification clauses to maintain brand consistency and protect the franchisor's intellectual property.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.