What must a Pump It Up franchisee do if they notice an infringement to the Pump It Up Marks?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
- D.
Notification of Infringements and Claims.
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.
- E.
Changes to Your Use of Marks.
If it becomes advisable at any time for us and/or you to modify or discontinue using any Mark and/or to use one or more additional or substitute Marks, you agree to comply with our directions as to your use (or non-use) of the Marks, at your own expense, within a time period identified by us in written notice to you.
We will not reimburse you for your direct expenses of changing the Franchised Business' signs or any printed, electronic or other media or collateral, for any loss of revenue due to any modified or discontinued Mark, or for your expenses of promoting a modified or substitute Mark.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to Pump It Up's 2025 Franchise Disclosure Document, franchisees are required to notify the franchisor immediately if they observe any potential infringement or challenges to the use of any Pump It Up mark. Franchisees are instructed to only communicate about the infringement with the franchisor, their attorneys, and the franchisee's own attorneys.
Pump It Up retains the right to take any action or inaction it deems appropriate to address the infringement. The franchisor also has exclusive control over any litigation, U.S. Patent and Trademark Office proceedings, or other administrative actions related to the infringement. Franchisees must sign documents and take reasonable actions deemed necessary by the franchisor to protect and maintain their interests in any litigation or proceeding related to the Pump It Up marks.
Pump It Up will cover the franchisee's costs for actions the franchisor specifically requests to protect the marks. However, franchisees are responsible for the expenses of any actions taken outside the franchisor's directives, including the cost of consulting their own attorneys. This means a franchisee should get express permission before taking action to protect the Pump It Up marks.
If Pump It Up decides it is necessary to modify or discontinue the use of any mark, or to use additional or substitute marks, franchisees must comply with the franchisor's directions regarding the use of the marks. The franchisee is responsible for the expenses associated with changing signs, printed materials, or other media, and will not be reimbursed for any loss of revenue due to a modified or discontinued mark, or for the costs of promoting a modified or substitute mark.