What must a Buildingstars franchisee do if someone else attempts to use the Buildingstars marks?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
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 23 — RECEIPT (FDD pages 43–217)
What This Means (2025 FDD)
According to Buildingstars's 2025 Franchise Disclosure Document, a franchisee must promptly inform Buildingstars of any claim, demand, or suit that arises from someone else's attempt to use the Buildingstars marks or any similar variation. This obligation ensures that Buildingstars is aware of potential infringements on its trademarks and can take appropriate action to protect its brand.
Buildingstars has the sole discretion to decide whether to defend the use of its marks and is not obligated to do so. Buildingstars also retains the right to control any administrative or legal proceedings related to the marks. This means that while the franchisee is responsible for reporting potential infringements, Buildingstars maintains control over the response and legal strategy.
Furthermore, the Buildingstars franchisee is required to assist Buildingstars in protecting its interests in any litigation or proceedings related to the marks. This includes executing necessary documents, providing assistance, and performing any actions deemed necessary by Buildingstars's legal counsel. This cooperation is essential for Buildingstars to effectively defend its trademarks and maintain its brand identity.
In practical terms, this means a Buildingstars franchisee must be vigilant in monitoring for any unauthorized use of the Buildingstars brand in their territory. If they become aware of any potential infringement, they must immediately notify Buildingstars and be prepared to provide any assistance requested by Buildingstars to protect its trademarks. Failure to do so could potentially put the franchisee in breach of their franchise agreement.