With whom are Pump It Up franchisees permitted to communicate regarding an infringement, challenge, or claim 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, a franchisee facing an infringement, challenge, or claim related to the Pump It Up Marks is restricted in who they can communicate with about the issue. Specifically, franchisees are only permitted to discuss the matter with Pump It Up's attorneys, their own attorneys, and Pump It Up itself. This restriction ensures that Pump It Up maintains control over the handling of any legal issues concerning its trademarks.
This policy is in place so that Pump It Up can manage and direct the response to any potential trademark issues, ensuring a consistent and legally sound approach. Pump It Up retains exclusive control over any litigation, PTO (Patent and Trademark Office) proceedings, or other administrative actions related to the Marks. The franchisee is obligated to sign documents and take actions deemed necessary by Pump It Up to protect its interests in any legal proceedings.
Pump It Up also commits to protecting franchisees against claims of infringement or unfair competition related to the use of its Marks, provided the franchisee uses the Marks in compliance with the Franchise Agreement and promptly notifies Pump It Up of any such claim. Pump It Up will cover all costs, including attorney's fees and court costs, for any litigation it initiates or defends on behalf of the franchisee to protect the Marks. However, the franchisee must cooperate in any litigation and cannot settle any claim related to the Marks without Pump It Up's written consent. This arrangement highlights the importance of franchisees adhering to the brand's standards and promptly reporting any potential trademark issues to ensure they receive the franchisor's full support and protection.
In summary, while Pump It Up offers support and protection regarding trademark issues, it also maintains strict control over communication and legal proceedings to safeguard its brand and interests. Franchisees must be aware of these restrictions and the importance of adhering to the franchisor's guidelines for trademark usage and communication.