With whom is 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, dated September 1, 2009, is between Brightstar Care and Bright Star Nevada. Brightstar Care derives its right to use and sublicense the marks from this agreement. Brightstar Care has the exclusive right in the United States to use and sublicense the marks in connection with offering and selling franchises to third parties.
Specifically, 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. The Trademark License Agreement applies exclusively to the United States of America.
The Trademark License Agreement can be terminated by mutual agreement of both parties. Additionally, either party may terminate the agreement if the other party materially breaches an obligation and fails to cure the breach within 60 days after written notice. Termination is also possible if a party commits a material breach that cannot be cured within 60 days, provided the non-breaching party gives written notice of the breach and termination. Except for this Trademark License Agreement, there are no other agreements that significantly limit Brightstar Care's right to use or sublicense the marks. The agreement can be modified periodically by Bright Star Nevada and Brightstar Care.