Who has the discretion to determine if they will defend the use of the Buildingstars Marks?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. Contest of Marks. FRANCHISEE will not directly or indirectly contest or aid in contesting the validity or ownership of the Marks, trade secrets, methods, procedures and advertising techniques which are part of the System, or contest BUILDINGSTARS and BUILDINGSTARS' Affiliates' right to register, use or license others to use such names and Marks, trade secrets, methods, procedures and techniques. FRANCHISEE will not at any time (whether during the term of this Agreement or after expiration or termination thereof) directly or indirectly commit an act of infringement. FRANCHISEE agrees to promptly notify BUILDINGSTARS of any claim, demand, or suit based upon or arising from any attempt by anyone else to use the Marks, or any colorable variation thereof. BUILDINGSTARS or BUILDINGSTARS' Affiliates shall have the sole discretion to determine if they will defend the use of the Marks, and they are not obligated to defend the Marks. BUILDINGSTARS or BUILDINGSTARS' Affiliates have the right to control any administrative proceeding or litigation involving the Marks. FRANCHISEE shall execute any and all instruments and documents, render assistance, and do such acts as may, in the opinion of BUILDINGSTARS' counsel, be necessary or advisable to protect the interests of BUILDINGSTARS or its Affiliates in any such litigation, or proceedings, or to otherwise protect and maintain the interest of BUILDINGSTARS or its Affiliates in the Marks.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2025 FDD)
According to Buildingstars's 2025 Franchise Disclosure Document, Buildingstars or its affiliates have the sole discretion to determine whether to defend the use of the Buildingstars marks. They are not obligated to defend the marks. Buildingstars or its affiliates also have the right to control any administrative proceeding or litigation involving the marks.
This means that as a Buildingstars franchisee, you cannot force Buildingstars to defend the trademarks if someone else tries to use them. The decision to defend the marks rests solely with Buildingstars and its affiliates. This is a common practice in franchising, as the franchisor typically owns and controls the brand's intellectual property.
As a franchisee, you are required to promptly notify Buildingstars of any potential infringement or unauthorized use of the marks. Additionally, you must execute any documents and provide assistance that Buildingstars' counsel deems necessary to protect Buildingstars' interests in any litigation or proceedings related to the marks. This ensures that Buildingstars can take appropriate action to protect its brand and intellectual property, even if they ultimately choose not to pursue legal action.