Which section of the Buildingstars Franchise Agreement outlines the proprietary marks?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: RECEIPT]
VIII. PROPRIETARY MARKS
- A.
Right to Use Marks.
FRANCHISEE acknowledges that "Buildingstars" is a valid service and/or trademark, which is licensed to BUILDINGSTARS.
FRANCHISEE recognizes that valuable goodwill is attached to the Marks, and that it will use the same only in the manner and to the extent specifically licensed by this Agreement.
Any goodwill arising out of FRANCHISEE'S use of the Marks inures to the benefit of BUILDINGSTARS and BUILDINGSTARS' Affiliates.
FRANCHISEE further acknowledges that the right to use said Marks and the grant contained in this Agreement is nonexclusive, and that BUILDINGSTARS and/or its Affiliates, in their sole discretion, have the right themselves to operate businesses under said Marks on any terms and conditions BUILDINGSTARS deems fit.
Any unauthorized use of the Marks by the FRANCHISEE in any medium whatsoever is a breach of this Agreement and an infringement of the rights of BUILDINGSTARS.
FRANCHISEE agrees that the unauthorized use of BUILDINGSTARS' Marks will constitute irreparable harm to BUILDINGSTARS, and FRANCHISEE expressly waives any requirement that BUILDINGSTARS post security in order to obtain injunctive relief in connection with such use.
All provisions of this Agreement applicable to the Marks apply to any additional trademarks, service marks, and commercial symbols hereafter authorized for use by and licensed to the FRANCHISEE.
- 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.
Source: Item 23 — RECEIPT (FDD pages 43–217)
What This Means (2025 FDD)
According to Buildingstars' 2025 Franchise Disclosure Document, Section VIII of the Franchise Agreement, titled "PROPRIETARY MARKS," outlines the terms and conditions regarding the use of Buildingstars' trademarks and service marks. This section details the franchisee's rights and responsibilities concerning the use of the Buildingstars marks.
Specifically, subsection A, "Right to Use Marks," acknowledges that "Buildingstars" is a valid service and/or trademark licensed to BUILDINGSTARS. It emphasizes that franchisees recognize the goodwill associated with these marks and are permitted to use them only as explicitly licensed by the agreement. Any goodwill generated from the franchisee's use of the marks benefits Buildingstars. The agreement also states that the right to use the marks is nonexclusive, allowing Buildingstars to operate businesses under the same marks on any terms they deem appropriate.
Furthermore, the agreement strictly prohibits any unauthorized use of the marks, considering it a breach of the agreement and an infringement of Buildingstars' rights. Franchisees agree that unauthorized use will cause irreparable harm to Buildingstars, waiving any requirement for Buildingstars to post security to obtain injunctive relief. Subsection B, "Contest of Marks," prevents franchisees from contesting the validity or ownership of the marks, trade secrets, methods, procedures, and advertising techniques associated with the Buildingstars system. Franchisees must also notify Buildingstars of any claims or suits arising from others attempting to use the marks or similar variations.