Can a Big Air Trampoline Park franchisee register any of the Marks or confusingly similar trademarks?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
(f) Franchisee agrees, in the event it continues to operate or subsequently begins to operate any other business, not to use any reproduction, counterfeit copy, or colorable imitation of the Marks, either in connection with such other business or the promotion thereof, which is likely to cause confusion, mistake, or deception, or which is likely to dilute Franchisor's rights in and to the Marks, and further agrees not to use any designation of origin, description, representation, trademark, or trade name which suggests or represents a past or present association or connection with Franchisor, the System , or the Marks;
(e) to any websites utilizing a domain name incorporating one or more of the words "Big", "Air", "Trampoline", and/or "Park" or similar derivatives thereof.
Franchisor retains the sole right to market on the Internet and use the Marks on the Internet, including all use of websites, domain names, URL's, directory addresses, metatags, linking, advertising, and cobranding and other arrangements.
Franchisee may not independently market on the Internet, or use any domain name, address, locator, link, metatag, or search technique, with words or symbols similar to the Marks or otherwise establish any presence on the Internet without Franchisor's prior written approval.
Franchisor intends that any Franchisee website be accessed only through Franchisor's home page.
Franchisee will provide Franchisor with content for Franchisor's Internet marketing, and will sign Internet and intranet usage agreements, if any.
Franchisor retains the right to approve any linking or other use of its website;
10.5 If Franchisee, during the Term of the franchise relationship, or any Interim Period or Successor Term, conceives or develops any improvements or additions to the System, Copyrighted Materials, website or any other documents or information pertaining to or relating to the System or the Big Air Trampoline Business, or any new trade names, trade and service marks, logos, or commercial symbols related to the Big Air Trampoline Business or any advertising and promotional ideas or inventions related to the Big Air Trampoline Business (collectively, the "Improvements") Franchisee shall fully disclose the Improvements to Franchisor, without disclosure of the Improvements to others, and shall obtain Franchisor's written approval prior to using such Improvements. Any such Improvement may be used by Franchisor and all other franchisees without any obligation to Franchisee for royalties or other fees. Franchisee shall assign and does hereby assign to Franchisor, all right, title and interest in and to the Improvements, including the right to grant sublicenses to any such Impro
Source: Item 23 — RECEIPT (FDD pages 53–255)
What This Means (2025 FDD)
According to the 2025 FDD, Big Air Trampoline Park franchisees are restricted from using any trademarks that are reproductions, counterfeits, or imitations of the brand's Marks. This restriction applies to any other business the franchisee operates, ensuring no confusion or dilution of Big Air Trampoline Park's brand identity. Franchisees also cannot use any designation of origin, description, representation, trademark, or trade name suggesting a past or present association with Big Air Trampoline Park, the System, or the Marks.
Big Air Trampoline Park retains the exclusive right to market on the Internet and use its Marks online, including websites, domain names, and advertising. Franchisees need prior written approval from Big Air Trampoline Park to market independently on the Internet or use domain names or search techniques similar to the Marks. Franchisee websites are intended to be accessed only through Big Air Trampoline Park's homepage, and franchisees must provide content for the franchisor's internet marketing efforts.
Furthermore, if a Big Air Trampoline Park franchisee develops any improvements or additions to the System, copyrighted materials, website, or any other documents related to the System or the Big Air Trampoline Business, they must disclose these improvements to the franchisor and obtain written approval before using them. Big Air Trampoline Park and its other franchisees can use any such improvement without owing royalties or other fees to the franchisee who developed it, and the franchisee must assign all rights to the improvements to Big Air Trampoline Park.
In practical terms, this means a franchisee cannot create or register any trademarks that could be seen as similar to Big Air Trampoline Park's Marks. This protects the brand's identity and ensures consistent branding across all franchise locations. The franchisor maintains control over the brand's online presence and benefits from any innovations a franchisee might develop, reinforcing the importance of adhering to the franchisor's guidelines and standards.