What level of cooperation is expected from a Pump It Up franchisee in 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, franchisees must cooperate with Pump It Up in any litigation related to the brand's trademarks. This includes signing documents and taking actions that Pump It Up deems necessary to protect its interests in any litigation, PTO (Patent and Trademark Office) proceeding, or other administrative proceeding concerning any Mark. Franchisees are also prohibited from settling any claim relating to the Marks without Pump It Up's written consent. Pump It Up retains sole discretion to take any appropriate action.
This means that if there is any legal issue with the Pump It Up trademarks, the franchisee must assist Pump It Up in the legal process. This could involve providing information, signing documents, or other actions as directed by Pump It Up. The franchisee does not have the authority to make decisions about the litigation on their own, as Pump It Up maintains exclusive control.
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 timely notified Pump It Up of such claim or proceeding. Pump It Up will also cover all costs, including attorneys' fees and court costs, associated with any litigation they commence or defend on the franchisee's behalf to protect the Marks and the franchisee's right to use them. This protection is contingent on the franchisee's adherence to the Franchise Agreement and prompt notification of any claims.
This arrangement is fairly typical in franchising, as franchisors need to protect their trademarks consistently across all franchise locations. By requiring franchisees to cooperate and ceding control of litigation to Pump It Up, the brand can ensure a unified legal strategy and protect the overall value of the Pump It Up Marks. Franchisees benefit from this arrangement by having legal costs covered and receiving protection against infringement claims, as long as they follow the rules and cooperate with Pump It Up.