Must a Caring Transitions franchisee notify the franchisor of any copyright infringement?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
hat are material to a Caring Transitions franchise.
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 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 32–33)
What This Means (2025 FDD)
According to Caring Transitions' 2025 Franchise Disclosure Document, a franchisee must notify Caring Transitions immediately if they become aware of any infringement or challenge to their use of Caring Transitions' marks. Caring Transitions will then decide what action to take. However, Caring Transitions is not obligated to defend the franchisee against any claims or cover any expenses related to the defense of such claims. Caring Transitions has the option to control any legal proceedings related to their trademarks.
This requirement is typical in franchising, as franchisors need to protect their brand's trademarks. The franchisee is responsible for using the trademarks correctly and reporting any potential issues.
The FDD also states that franchisees must modify or discontinue using a mark and adopt any new or replacement marks at their own expense if Caring Transitions modifies or discontinues a mark or adopts a new one. Caring Transitions is not required to reimburse the franchisee for these costs. Additionally, franchisees cannot directly or indirectly contest Caring Transitions' rights to its service marks, trade secrets, or business techniques.