What was the outcome of the Pump It Up lawsuit against the Catalano Defendants?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
Pump It Up Holdings, LLC v. Robert Anderson, RJA, LLC, Nancy Catalano, Barbara Catalano, Fun Enterprises, Inc., Anthony C. Catalano and Anthony M. Catalano (US District Court Middle District of Florida, Orlando Division) 6:19-cv-01252. Pump It Up Holdings, LLC filed this action on July 9, 2019 against Robert Anderson and RJA, LLC, a former franchisee who was party to a successor franchise agreement dated March 31, 2015. The former franchisee sold its business to defendants Nancy Catalano, Barbara Catalano, Fun Enterprises, Inc., Anthony C. Catalano and Anthony M. Catalano (the "Catalano Defendants"). The complaint alleged trademark infringement, trademark dilution, false advertising, breach of contract, tortious interference and unjust enrichment in connection with the sale of the business to the Catalano Defendants and their operation of the business after the sale. Pump It Up Holdings, LLC settled the portion of the lawsuit against Robert Anderson and his entity RJA, LLC on February 28, 2021, with Anderson paying an agreed upon amount to Pump It Up Holdings. On April 9, 2021, the court entered judgment in favor of Pump It Up Holdings, LLC against the Catalano Defendants and further granted permanent injunctive relief in favor of Pump It Up Holdings, LLC against the Catalano Defendants. In the resolution of this lawsuit, Pump It Up Holdings, LLC was not: (a) required to pay any money or other consideration, (b) required to reduce an indebtedness, (c) prevented from enforcing any rights, and (d) required to take any action adverse to its interests.
Source: Item 3 — LITIGATION (FDD pages 13–14)
What This Means (2025 FDD)
According to the 2025 Pump It Up Franchise Disclosure Document, Pump It Up Holdings, LLC filed a lawsuit on July 9, 2019, against Nancy Catalano, Barbara Catalano, Fun Enterprises, Inc., Anthony C. Catalano, and Anthony M. Catalano, collectively known as the "Catalano Defendants." The lawsuit was filed in the US District Court Middle District of Florida, Orlando Division, case number 6:19-cv-01252. The complaint alleged trademark infringement, trademark dilution, false advertising, breach of contract, tortious interference, and unjust enrichment related to the sale and operation of a Pump It Up business.
The lawsuit against the Catalano Defendants concluded with a judgment in favor of Pump It Up Holdings, LLC on April 9, 2021. The court granted permanent injunctive relief to Pump It Up Holdings, LLC against the Catalano Defendants.
Importantly, the resolution of the lawsuit did not require Pump It Up Holdings, LLC to pay any money or other consideration, reduce any indebtedness, be prevented from enforcing any rights, or take any action adverse to its interests. This outcome indicates a favorable resolution for Pump It Up, as they were able to protect their brand and business interests without incurring any financial or operational disadvantages.