What is the intellectual property subject to the Pump It Up franchise license considered to be?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
A. Compliance with System Standards.
- (1) We own and control the distinctive plan for the establishment, operation and promotion of the Pump It Up Business and all related licensed methods of doing business, previously defined as the "System Standards." System Standards may regulate and/or provide suggested specifications, best practices, standards, operating procedures, general guidance, ongoing advice, and consultation to you on any one or more of the following with respect to the Pump It Up Business: franchised site, premises, leasehold improvements, interior finish, interior décor, furnishings, equipment, products, product formulas, supplies, materials, inventory type, technical equipment standards, client relations, marketing techniques, written promotional materials, advertising, accounting systems, and service delivery methods.
All information identified in the preceding sentence constitute our confidential trade secrets.
You understand that our System Standards may regulate (to the extent allowed by law) maximum, minimum and other pricing requirements for the services and products your Pump It Up Business sells.
You acknowledge that we have valuable rights in and to such trade secrets.
You further acknowledge that you have not acquired any right, title or interest in the System Standards except for the right to use the System Standards in the operation of the Pump It Up Business as it is governed by this Agreement and that it is obligated to maintain the confidentiality of the System Standards.
- (2) You acknowledge that each and every detail of the appearance, layout, décor, cleanliness, safety standards, services and operation of the Franchised Business is essential to us and to other franchisees of Pump It Up Businesses to preserve the goodwill of the Marks and all Pump It Up Businesses.
These details constitute our protected trade dress.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to the 2025 Pump It Up Franchise Disclosure Document, the intellectual property that franchisees are licensed to use is considered to be System Standards. Pump It Up owns and controls the plan for the establishment, operation, and promotion of the Pump It Up Business, including all related licensed methods of doing business. These System Standards provide specifications, best practices, standards, operating procedures, general guidance, advice, and consultation to franchisees.
These System Standards cover various aspects of the Pump It Up Business, including the franchised site, premises, leasehold improvements, interior finish, interior décor, furnishings, equipment, products, product formulas, supplies, materials, inventory type, technical equipment standards, client relations, marketing techniques, written promotional materials, advertising, accounting systems, and service delivery methods. Pump It Up considers all of this information to be confidential trade secrets.
Pump It Up also states that each detail of the appearance, layout, décor, cleanliness, safety standards, services, and operation of the franchised business is essential to preserve the goodwill of the Marks and all Pump It Up Businesses. These details constitute Pump It Up's protected trade dress. Franchisees acknowledge that Pump It Up has valuable rights in these trade secrets and that they have not acquired any right, title, or interest in the System Standards, except for the right to use them in the operation of their Pump It Up Business as governed by the Franchise Agreement. Franchisees are obligated to maintain the confidentiality of the System Standards.