Is Buildingstars obligated to defend the use of its 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.
- C.
Change of Marks.
BUILDINGSTARS shall have the right to change the Marks to be used by FRANCHISEE at any time and for any reason it deems appropriate.
FRANCHISEE shall pay the costs associated with such change and shall make such necessary changes promptly.
Source: Item 23 — RECEIPT (FDD pages 43–217)
What This Means (2025 FDD)
According to Buildingstars's 2025 Franchise Disclosure Document, Buildingstars has the sole discretion to determine whether to defend the use of its marks and is not obligated to do so. However, if a franchisee becomes aware of any unauthorized use of the Buildingstars marks, they must promptly notify Buildingstars. Buildingstars or its affiliates have the right to control any administrative proceeding or litigation involving the marks.
As a Buildingstars franchisee, you are required to assist Buildingstars in protecting its interests in any litigation or proceedings related to the marks. This includes executing documents and providing assistance as deemed necessary by Buildingstars' counsel.
Buildingstars also retains the right to change the marks used by franchisees at any time and for any reason. The franchisee is responsible for paying the costs associated with such changes and must implement the necessary changes promptly. This clause highlights the importance of Buildingstars maintaining control over its brand and marks, and the franchisee's obligation to comply with any changes, even at their own expense.