What is a Buildingstars franchisee required to do to protect Buildingstars' interests in litigation or proceedings involving 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 the 2025 Buildingstars Franchise Disclosure Document, a franchisee has specific obligations to protect Buildingstars' interests related to its marks. The franchisee must promptly inform Buildingstars of any claims, demands, or suits arising from someone else's attempt to use the Buildingstars marks or similar variations. This ensures Buildingstars is aware of potential infringement issues.
Buildingstars retains the sole discretion to decide whether to defend the use of its marks and is not obligated to do so. Buildingstars or its affiliates also have the right to control any administrative or legal proceedings involving the marks. This allows Buildingstars to manage legal strategies and protect its brand as it sees fit.
To further protect Buildingstars' interests, a franchisee must execute documents, provide assistance, and perform actions deemed necessary by Buildingstars' legal counsel. These actions are intended to safeguard Buildingstars' interests in any litigation or proceedings and maintain the integrity of the Buildingstars marks. This requirement ensures that franchisees actively support Buildingstars in protecting its brand identity and legal rights.