Is the Big Air Trampoline Park franchisor obligated to register any trademarks or copyrights?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
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 Improvement. Franchisor, at its discretion, may make application for and own copyrights, patents, trade names, trademarks and service marks relating to any such Improvement and Franchisee shall cooperate with Franchisor in securing such rights.
- (g) FRANCHISOR MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE USE, EXCLUSIVE OWNERSHIP, VALIDITY OR ENFORCEABILITY OF THE MARKS OR COPYRIGHTED MATERIALS.
Source: Item 23 — RECEIPT (FDD pages 53–255)
What This Means (2025 FDD)
According to the 2025 FDD, Big Air Trampoline Park retains the discretion to apply for and own copyrights, patents, trade names, trademarks, and service marks related to any improvements franchisees may develop for the Big Air Trampoline Business system. While Big Air Trampoline Park has the option to register these intellectual property rights, the franchise agreement does not explicitly obligate them to do so. This decision is at the franchisor's discretion.
However, the agreement emphasizes the importance of protecting the existing trademarks and copyrighted materials associated with the Big Air Trampoline Park system. Franchisees are required to use approved formats for these marks and include the appropriate copyright notice on all advertising and promotional materials. This indicates that while the franchisor may not be obligated to register every potential trademark or copyright, they actively manage and protect the intellectual property that defines the brand.
Furthermore, Big Air Trampoline Park makes no warranty regarding the validity or enforceability of the trademarks or copyrighted materials. This means that a franchisee cannot hold the franchisor liable if the intellectual property rights are challenged or found to be unenforceable. This shifts the risk and responsibility to the franchisee, who must operate under the assumption that the trademarks and copyrights are valid but without any guarantee from the franchisor. Prospective franchisees should consider this carefully and possibly seek independent legal advice to assess the strength and protection of the Big Air Trampoline Park's intellectual property.