What right does RE/MAX, LLC have regarding litigation arising from any infringement, challenge, or claim relating to any of its Remax 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, Remax, LLC has the right to take whatever action it deems appropriate and to exclusively control any litigation or other proceeding arising from any infringement, challenge, or claim relating to any of its copyrights. This means that if any third party infringes on or challenges Remax's copyrights, or if someone claims rights in those copyrights, Remax has the sole authority to decide how to respond legally.
As a Remax franchisee, you are required to immediately notify both RE/MAX Regional and RE/MAX, LLC of any such infringement, challenge, or claim. Furthermore, you are prohibited from communicating with anyone other than Remax and its attorneys regarding the matter. You must also sign any documents, provide assistance, and take any other reasonable and lawful actions that Remax's attorneys deem necessary to protect Remax's interests in any litigation or proceeding related to its copyrights.
This level of control is typical in franchising, as franchisors need to protect their intellectual property to maintain brand consistency and value. The franchisee's role is primarily to report any potential issues and cooperate with Remax in any legal proceedings. This ensures that Remax can manage its legal strategy effectively and protect its copyright assets.
Additionally, Remax retains the right to direct franchisees to modify or discontinue the use of any material covered by a copyright, or to use additional or substitute materials, at the franchisee's expense. Franchisees must comply with these directions within a reasonable time after receiving notice from Remax.