Who has exclusive control over litigation related to the Pump It Up Marks?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
You will notify us immediately of any apparent infringement or challenge to your use of any Mark, or any claim by any person of any rights in any Mark. In the event of an infringement, challenge, or claim, you may not communicate regarding the infringement, challenge or claim with any person other than our attorneys, your attorneys, and us. We may take whatever action we deem appropriate and we will have exclusive control over any litigation, PTO proceeding, or any other administrative proceeding from the
infringement, challenge, or claim or otherwise concerning any Mark. You will sign any documents and take any action that, in our sole discretion, protects and maintains our interests in any litigation or PTO or other proceeding.
We will protect you against claims of infringement or unfair competition related to your use of the Marks, provided that you use the Marks in compliance with the terms of the Franchise Agreement and have timely notified us of such claim or proceeding. We will pay all costs, including attorneys' fees and court costs, associated with any litigation we commence or defend on your behalf to protect the Marks and your right to use them. You must cooperate with us in any litigation. You may not settle any claim relating to the Marks without our written consent. We have sole discretion to take any appropriate action.
Source: Item 13 — TRADEMARKS (FDD pages 43–45)
What This Means (2025 FDD)
According to Pump It Up's 2025 Franchise Disclosure Document, Pump It Up retains exclusive control over any litigation, PTO (Patent and Trademark Office) proceeding, or any other administrative proceeding concerning any Mark. This means that if there is an infringement, challenge, or claim related to the Pump It Up Marks, Pump It Up has the sole authority to decide how to proceed legally. The franchisee is required to notify Pump It Up immediately of any apparent infringement or challenge to the use of any Mark. Franchisees are not allowed to communicate with anyone other than their attorneys, Pump It Up's attorneys, and Pump It Up about the issue.
Pump It Up may take any action it deems appropriate to protect its interests in any litigation or PTO proceeding. The franchisee is obligated to sign documents and take actions that Pump It Up, in its sole discretion, considers necessary to protect and maintain its interests. This ensures that Pump It Up can manage and control the legal defense and strategy related to its trademarks.
Pump It Up will protect franchisees against claims of infringement or unfair competition related to the use of the Marks, provided that the franchisee uses the Marks in compliance with the terms of the Franchise Agreement and has provided timely notification of any claim or proceeding. Pump It Up will cover all costs, including attorneys' fees and court costs, associated with any litigation it commences or defends on the franchisee's behalf to protect the Marks and the franchisee's right to use them. However, the franchisee must cooperate with Pump It Up in any litigation and cannot settle any claim relating to the Marks without Pump It Up's written consent. This arrangement is typical in franchising, as the franchisor needs to maintain brand consistency and control over its intellectual property.