Is Healthsource Chiropractic certain that it has exclusive rights to the Healthsource Chiropractic marks in all geographic areas?
Healthsource_Chiropractic Franchise · 2025 FDDAnswer from 2025 FDD Document
Other than the foregoing, we do not know of other superior prior rights or infringing uses that could materially affect your use of the Marks in any state. However, it is possible that the Marks have been used by others; and we cannot represent with certainty that we have exclusive or superior rights to the Marks in all geographic areas.
Source: Item 13 — Trademarks (FDD pages 47–50)
What This Means (2025 FDD)
According to the 2025 Healthsource Chiropractic Franchise Disclosure Document, Healthsource Chiropractic cannot represent with certainty that it has exclusive or superior rights to its marks in all geographic areas. The FDD specifies an exception: Healthsource Chiropractic agreed not to use the HealthSource Chiropractic mark (or the name HealthQuest) in the counties of Wayne, Ontario, Livingston, Orleans, Genesee and Monroe in the State of New York, and paid $20,000.00 to settle a dispute with Dr. Dudley.
This settlement means that if a prospective franchisee purchases a Healthsource Chiropractic franchise in those specified New York counties, they will not be able to use the HealthSource Chiropractic mark. This is a critical restriction that could significantly impact the franchisee's ability to market and brand their clinic in that area.
The FDD also states that it is possible that the marks have been used by others, further emphasizing the uncertainty regarding exclusive rights. While Healthsource Chiropractic indicates they are unaware of other superior prior rights or infringing uses that could materially affect a franchisee's use of the marks in any state (outside of the New York counties mentioned), the disclaimer suggests potential risks. A prospective franchisee should conduct their own due diligence and consult with legal counsel to assess the potential for trademark conflicts in their desired territory.