If there is an apparent infringement of the Healthsource Chiropractic Marks, who am I allowed to communicate with about it?
Healthsource_Chiropractic Franchise · 2025 FDDAnswer from 2025 FDD Document
You must immediately notify us of any apparent use of, or claims of rights to a trademark identical to or confusingly similar to the Marks. You may not communicate with any person other than us and our counsel about the apparent infringement, challenge, or claim. We and our affiliates
will have sole discretion to take any affirmative action as we deem appropriate in, and the exclusive right to control any litigation or PTO or other proceeding arising out of any apparent infringement, challenge, or claim, or otherwise relating to any Mark. You must sign any instruments and documents, render any assistance, and perform any acts that our or our affiliates' counsel deems necessary or advisable to protect and maintain our or our affiliates' interests in any litigation or PTO or other proceeding related to any Mark, or otherwise protect and maintain our interests in the Marks.
Source: Item 13 — Trademarks (FDD pages 47–50)
What This Means (2025 FDD)
According to Healthsource Chiropractic's 2025 Franchise Disclosure Document, if a franchisee becomes aware of a potential trademark infringement, they are required to notify Healthsource Chiropractic immediately. The franchisee is explicitly prohibited from communicating with any party other than Healthsource Chiropractic and its legal counsel regarding the suspected infringement, challenge, or claim. This restriction ensures that Healthsource Chiropractic maintains control over the response to any potential trademark issues.
Healthsource Chiropractic, along with its affiliates, retains the sole discretion to decide on any course of action regarding the infringement and has the exclusive right to manage any related litigation or proceedings with the U.S. Patent and Trademark Office (PTO). The franchisee is obligated to assist Healthsource Chiropractic by signing documents and providing necessary support to protect the trademarks.
This approach is typical in franchising, as the franchisor owns the trademarks and must protect them uniformly across the entire system. By centralizing control over trademark enforcement, Healthsource Chiropractic aims to ensure consistent and effective protection of its brand identity. A franchisee's failure to comply with these notification and communication restrictions could potentially lead to a breach of the franchise agreement.