Are there any pending infringement proceedings involving Big Air Trampoline Park's trademarks?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court, any pending infringement, opposition or cancellation proceedings or any pending material litigation involving any of our Mark(s) which are relevant to the use of these Mark(s). No currently effective litigation affects our use or ownership rights in any Mark. No currently effective agreement limits our right to use or license the use of our Mark(s).
Source: Item 13 — TRADEMARKS (FDD pages 36–38)
What This Means (2025 FDD)
According to the 2025 Big Air Trampoline Park Franchise Disclosure Document, there are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, or any court, and there are no pending infringement, opposition, or cancellation proceedings, or any pending material litigation involving any of Big Air Trampoline Park's marks that are relevant to the use of these marks. Furthermore, there is no currently effective litigation that affects Big Air Trampoline Park's use or ownership rights in any mark, and no agreement limits their right to use or license the use of their marks. This suggests that, as of the FDD's publication, Big Air Trampoline Park is not involved in any legal disputes regarding its trademarks.
However, the FDD also states that Big Air Trampoline Park is not obligated to protect a franchisee's right to use the trademark or protect them against claims of infringement arising from their use of the marks. If a claim against a franchisee relates to their use of the marks in violation of the Franchise Agreement, Big Air Trampoline Park has no obligation to defend or indemnify the franchisee. The franchisee also does not have the right to prosecute any claim against an alleged infringer unless Big Air Trampoline Park decides to join the action, in which case Big Air Trampoline Park will bear the out-of-pocket expenses for such participation.
Before opening a Big Air Trampoline Park business, the FDD advises prospective franchisees to research the possibility of other businesses using similar trademarks, trade names, or commercial symbols with superior rights. This research can be done through telephone directories, trade directories, and Internet directories to avoid potential issues with the Big Air Trampoline Park business name. While Big Air Trampoline Park states they do not know of any infringing uses that could materially affect a franchisee's use of their marks, it is still the franchisee's responsibility to conduct due diligence and ensure they are not infringing on any existing trademarks.