What must a Pump It Up franchisee do to assist in protecting the Pump It Up Marks in litigation or PTO proceedings?
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 the 2025 Pump It Up Franchise Disclosure Document, franchisees play a crucial role in protecting the brand's trademarks. Franchisees must immediately notify Pump It Up of any apparent infringement or challenge to their use of any Mark, or any claim by any person of any rights in any Mark. Franchisees are restricted from communicating about any potential infringement with anyone other than their own attorneys, Pump It Up's attorneys, and Pump It Up itself. This ensures that all communications are controlled and aligned with the company's legal strategy. Pump It Up retains exclusive control over any litigation, PTO (Patent and Trademark Office) proceeding, or any other administrative proceeding concerning any Mark.
To further assist in protecting the Pump It Up Marks, franchisees must sign any documents and take any action that Pump It Up, in its sole discretion, deems necessary to protect and maintain its interests in any litigation, PTO, or other proceeding. This may include providing testimony, submitting evidence, or other forms of cooperation as directed by Pump It Up. Franchisees must also 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 provision ensures that Pump It Up maintains control over the resolution of any trademark disputes and that settlements are in the best interest of the brand as a whole.
Pump It Up will protect franchisees against claims of infringement or unfair competition related to their use of the Marks, provided that the franchisee uses the Marks in compliance with the terms of the Franchise Agreement and has timely notified Pump It Up of such 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. This protection is a significant benefit for franchisees, as it shields them from potentially substantial legal expenses and liabilities related to trademark disputes. However, it's important to note that this protection is contingent on the franchisee's adherence to the Franchise Agreement and timely notification of any claims.