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Results: 1-10 of 26

New Jersey distributor not considered a franchise

  • Smith Gambrell & Russell LLP
  • -
  • USA
  • -
  • April 4 2013

A federal district court in New Jersey ruled that an exclusive distribution arrangement did not qualify as a franchise relationship under the New

Audit results in TM and breach-of-contract action by California Closet Co. against franchisee and its guarantor

  • Womble Carlyle Sandridge & Rice LLP
  • -
  • USA
  • -
  • April 1 2013

An audit of a franchisee's records, which allegedly revealed sales activity outside licensed territory and evidence of efforts to conceal that

Federal district court rules that similarity of a former franchisee’s trademark to the franchisor’s warrants an injunction

  • Gray Plant Mooty
  • -
  • USA
  • -
  • March 13 2013

In You Fit, Inc. v. Pleasanton Fitness, LLC, 2013 U.S. Dist. LEXIS 18106 (M.D. Fla. Feb. 8, 2013), a federal court in Florida granted the motion of

Franchisee sued by Mrs. Winners restaurant franchise on several trademark counts

  • Womble Carlyle Sandridge & Rice LLP
  • -
  • USA
  • -
  • March 7 2013

A Mrs. Winners franchisee said to be operating in Henry County, Georgia faces multiple trademark counts arising from alleged refusal to sign a new

Franchisor found vicariously liable for franchisee advertising

  • Gray Plant Mooty
  • -
  • USA
  • -
  • February 13 2013

A California state appellate court upheld a finding that a franchisor was vicariously liable for its franchisees' illegal advertising, determining

United States Supreme Court holds broad covenant not to sue moots trademark infringement action

  • Gray Plant Mooty
  • -
  • USA
  • -
  • February 13 2013

The Supreme Court's decision in Already, LLC v. Nike, Inc., 568 U.S. ___, 184 L. Ed. 2d 553 (U.S. Jan. 9, 2013), is important for franchisors who may

Federal district court follows eBay in not applying presumption of irreparable harm in trademark cases

  • Gray Plant Mooty
  • -
  • USA
  • -
  • January 10 2013

The United States District Court for the Eastern District of California granted a franchisor's motion for a preliminary injunction on its trademark

Good news: trademark use after licensor's bankruptcy

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • December 31 2012

Title 11 of the United States Code, better known as the “Bankruptcy Code”, allows companies to not only restructure their debts, but to modify current

Trademark infringement asserted by American Deli against Boa Cho Corporation in franchise termination case

  • Womble Carlyle Sandridge & Rice LLP
  • -
  • USA
  • -
  • November 26 2012

Our posts of September 6, September 24, and October 16 covered cases involving holdover licensees, all in the context of hotel franchises

Dispute over merits of franchise agreement termination is not enough to defeat summary judgment on trademark infringement

  • Gray Plant Mooty
  • -
  • USA
  • -
  • October 18 2012

The United States District Court for the Southern District of Ohio recently granted summary judgment in favor of Choice Hotels on a claim for trademark infringement by a terminated Econo Lodge franchisee

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