What is a Remax franchisee required to do if there is a third-party infringement of RE/MAX, LLC's copyrights?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
You will be required to notify RE/MAX Regional and RE/MAX, LLC immediately of any third-party infringement of or challenge to any of these copyrights, or of any claim by any person of any rights in any such copyright, and you will not communicate with any person other than RE/MAX, LLC and its
attorneys in connection with any such infringement, challenge or claim. RE/MAX, LLC has the right to take whatever action it deems appropriate and to control exclusively any litigation or other proceeding arising from any infringement, challenge or claim relating to any of its copyrights. You will be required to sign any documents, provide such assistance and take any other reasonable, lawful action that RE/MAX, LLC's attorneys say is necessary or advisable to protect and maintain RE/MAX, LLC's interests in any litigation or proceeding related to its copyrights or otherwise to protect and maintain RE/MAX, LLC's interests in its copyrights.
If it becomes advisable at any time in RE/MAX, LLC's sole discretion for you to modify or discontinue the use of any material covered by a copyright and/or use one or more additional or substitute materials, you will be required, at your expense, to comply with RE/MAX, LLC's directions within a reasonable time after receiving notice.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 79–80)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, a franchisee has specific obligations if they become aware of a third party infringing on Remax, LLC's copyrights. The franchisee must immediately notify both RE/MAX Regional and RE/MAX, LLC about the infringement or any challenge to the copyrights. Furthermore, the franchisee is prohibited from communicating with anyone other than Remax and its attorneys regarding the infringement, challenge, or claim. This ensures that Remax maintains control over the response and legal strategy.
Remax retains the exclusive right to decide what action to take and to control any litigation or proceedings related to the copyright infringement. The franchisee is obligated to cooperate fully with Remax's legal efforts. This includes signing documents, providing assistance, and taking any other reasonable and lawful actions that Remax's attorneys deem necessary to protect Remax's interests in the copyrights. This requirement ensures that Remax can effectively defend its intellectual property rights.
Additionally, if Remax determines it is advisable for a franchisee to modify or discontinue the use of any material covered by a copyright, or to use substitute materials, the franchisee must comply with Remax's directions at their own expense. This compliance must occur within a reasonable time after receiving notice from Remax. This provision allows Remax to adapt to potential legal challenges or changes in copyright law by altering the materials used by its franchisees, although the franchisee will bear the cost of these changes.