What should a Caring Transitions franchisee do if they learn about any infringement of the Caring Transitions marks?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us immediately when you learn about any infringement of or challenge to your use of our marks. We will take whatever action we think appropriate. We are not required to defend you against a claim against your use of our marks or indemnify you for your liability or expenses arising from your defense of such a claim. We, at our option, will control any proceedings or litigation arising from or relating to our trademarks.
You must modify or discontinue your use of a mark and adopt any new or replacement marks at your expense if we modify or discontinue a mark or adopt a new or replacement mark. We are not required to reimburse you for your costs if you do. You must not directly or indirectly contest our right to our service marks, trade secrets or business techniques that are part of our business.
Source: Item 13 — TRADEMARKS (FDD pages 31–32)
What This Means (2025 FDD)
According to Caring Transitions's 2025 Franchise Disclosure Document, a franchisee must immediately notify Caring Transitions if they become aware of any infringement or challenges to the use of Caring Transitions's marks. Caring Transitions will then decide what action it deems appropriate to take.
It is important to note that Caring Transitions is not obligated to defend the franchisee against any claims related to the use of their marks, nor are they required to cover any liabilities or expenses the franchisee incurs while defending against such claims. Caring Transitions retains the right to control any legal proceedings or litigation pertaining to their trademarks.
Furthermore, if Caring Transitions modifies or discontinues a mark or adopts a new one, the franchisee is responsible for the expense of modifying or discontinuing their use of the old mark and adopting the new one. Caring Transitions is not required to reimburse the franchisee for these costs. The franchisee is also prohibited from directly or indirectly contesting Caring Transitions's rights to its service marks, trade secrets, or business techniques.