Can the Brightstar Care Trademark License Agreement be modified?
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, between Bright Star Nevada and Brightstar Care, can be modified periodically by both parties. This agreement grants Brightstar Care the exclusive right to use and sublicense the Marks in the United States for offering and selling franchises related to medical and/or non-medical home health, medical and nursing personnel placement, and recruiting and staffing services.
This clause provides some flexibility, allowing Brightstar Care and Bright Star Nevada to adapt the terms of the Trademark License Agreement as needed. Such modifications could address changes in the market, legal requirements, or the evolving needs of the Brightstar Care franchise system. However, any modifications would require the mutual consent of both Bright Star Nevada and Brightstar Care.
It is important for a prospective Brightstar Care franchisee to understand that while the Trademark License Agreement can be modified, these changes are not unilaterally controlled by Brightstar Care. Franchisees should stay informed about any modifications to the Trademark License Agreement, as these changes could affect their rights and obligations related to the use of the Brightstar Care Marks. Franchisees should seek clarification from Brightstar Care regarding the nature and implications of any modifications to the Trademark License Agreement.