Who controls litigation regarding infringement of Pump It Up marks?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us immediately of any apparent or possible infringement or challenge to your use of any Mark or of any person's claim of any rights in any Mark.
You agree to not communicate with any person other than us, our attorneys, and your attorneys, regarding any infringement, challenge, or claim to the Marks.
We may take any action or inaction we deem appropriate and may exclusively control any litigation, U.S.
Patent and Trademark Office proceeding, or other administrative proceeding arising from any infringement, challenge, or claim or otherwise concerning any Mark.
You agree to sign any documents and take any other reasonable action that we deem is necessary or advisable to protect and maintain our interests in any litigation or Patent and Trademark Office or other proceeding, or otherwise to protect and maintain our interests in the Marks.
We will reimburse you for your costs of taking any action that we have asked you to take to protect the Marks, but you are solely responsible for the expense of any action taken outside of our express directives, including for the cost of consulting with your own attorneys.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to the 2025 Pump It Up Franchise Disclosure Document, Pump It Up maintains exclusive control over any litigation, U.S. Patent and Trademark Office proceeding, or other administrative proceeding arising from any infringement, challenge, or claim concerning any Mark. This means that Pump It Up, not the franchisee, decides how to handle legal matters related to the brand's trademarks.
As a Pump It Up franchisee, you are required to immediately notify Pump It Up of any potential infringement or challenge to the use of any Mark. You must not communicate with anyone other than Pump It Up, their attorneys, and your own attorneys regarding these matters. Additionally, you must sign any documents and take any reasonable action that Pump It Up deems necessary to protect their interests in any litigation or Patent and Trademark Office or other proceeding.
Pump It Up will reimburse you for costs incurred when taking action specifically requested by them to protect the Marks. However, you are solely responsible for the expense of any action taken outside of Pump It Up's express directives, including the cost of consulting with your own attorneys. This division of responsibility ensures that Pump It Up maintains control over its brand and legal strategy, while also providing some financial protection to franchisees who cooperate with their directives.
This is a fairly standard arrangement in franchising, as franchisors typically want to control their brand's legal defense. However, franchisees should be aware that they may incur legal expenses if they take actions not explicitly directed by Pump It Up. Franchisees should maintain open communication with Pump It Up regarding any potential infringement issues to ensure they are acting in accordance with the franchisor's wishes and can be reimbursed for their expenses.