Is Buildingstars obligated to defend the use of the Buildingstars marks if someone else attempts to use them?
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, Buildingstars is not obligated to defend the use of its marks. However, if a franchisee becomes aware of any attempt by another party to use the Buildingstars marks or a similar variation, the franchisee is required to promptly notify Buildingstars.
Buildingstars retains the sole discretion to determine whether or not to defend the use of the marks. Buildingstars or its affiliates also have the right to control any administrative or legal proceedings related to the marks.
Furthermore, the franchisee is obligated 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. This clause highlights that while Buildingstars is not obligated to defend its marks, it does expect the franchisee to actively support the company in protecting its brand and trademarks.