Is Caring Transitions required to defend a franchisee against copyright claims?
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.
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, Caring Transitions is not required to defend a franchisee against claims related to the use of their trademarks. The franchisee is responsible for notifying Caring Transitions immediately if they learn of any infringement or challenge to the use of Caring Transitions' marks. Caring Transitions will then take whatever action it deems appropriate.
Specifically, Caring Transitions is not obligated to defend the franchisee against any claim challenging the franchisee's use of Caring Transitions' marks. Furthermore, Caring Transitions is not required to cover any liabilities or expenses the franchisee incurs while defending against such claims. However, Caring Transitions retains the option to control any legal proceedings or litigation pertaining to their trademarks.
This means that if a franchisee is sued for trademark infringement related to their use of the Caring Transitions marks, they will likely be responsible for their own legal defense and any resulting financial liabilities, unless Caring Transitions decides to take control of the proceedings. This is a potentially significant risk for franchisees, as intellectual property litigation can be costly.