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Lathrop GPM

New Jersey Federal Court Partially Enforces Noncompete Covenant Against Former Franchisee

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A federal court in New Jersey recently granted a franchisor’s motion for a preliminary injunction, enjoining the former franchisee from using the franchisor’s marks and violating the franchise agreement’s noncompete clause,...more

Ward and Smith, P.A.

How Fast Can I Franchise? Hold On a Minute

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Are you a small business owner who has considered franchising your business? Franchising can be a great way to expand your company's physical presence, grow your revenue, and increase your brand recognition....more

BakerHostetler

Licensing vs. Franchising: Are You Accidentally Creating a Franchise?

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A trademark license may seem straightforward. It is an arrangement that gives a licensee the right to use the licensor’s mark in some manner for some amount of time, with the licensor exercising quality control over the goods...more

Lathrop GPM

Oklahoma Federal Court Grants Franchisor’s Post-Termination Motion for Preliminary Injunction Related to Trademark Infringement

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A federal court in Oklahoma granted franchisor Pizza Inn, Inc.’s motion for preliminary injunction preventing two former Pizza Inn franchisees – Odetallah and Allen’s Dynamic Food – from operating competing pizza restaurants...more

Kilpatrick

5 Key Takeaways | Franchising in the USA: Challenges for Latin American Brands

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On December 6, 2022, at the Asociacion Interamericana de law Propiedad Intelectual (Inter-American Association of Intellectual Property (ASIPI)) 23rd Work Sessions and Administrative Council meeting in Medellin, Colombia,...more

Foley & Lardner LLP

Federal Appeals Court Rules on Franchisor’s Power to Impose Changes on Franchise System

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The Eleventh Circuit Court of Appeals recently issued an opinion concerning a dispute over a franchisor’s effort to mandate changes to a franchisee’s operations. The Court granted the franchisor a mixed result. The decision...more

Kilpatrick

5 Key Takeaways - Franchise Laws and Your Trademark Practice

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On April 14, Kilpatrick Townsend’s Brand Licensing and Franchise Partner Marc Lieberstein joined Jason Adler, General Counsel at Cellairis, a global franchisor in the wireless accessory and repair retail space, Janaki J....more

Lathrop GPM

The Franchise Memorandum - Issue # 263

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Illinois Federal Court Excludes Plaintiffs’ Expert Testimony on Certification Motion in Anti-Poaching Class Action - A federal court in Illinois granted Jimmy John’s motion to exclude expert testimony of a putative class...more

Lathrop GPM

The Franchise Memorandum - Issue # 261

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Welcome to The Franchise Memorandum by Lathrop GPM. Below are summaries of recent legal developments of interest to franchisors. Fifth Circuit Reverses Trial Court’s Excusal of Area Representative’s Tardy Renewal Notice -...more

Lathrop GPM

The Franchise Memorandum - Issue # 260

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Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Periodically, The Franchise Memorandum focuses on topics primarily of interest to companies that use distributors and dealers rather than...more

Lewitt Hackman

Franchisee 101: COVID Defense Leads to Contempt

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A federal court in Tennessee held a Gus’s World Famous Fried Chicken former franchisee in contempt for failure to deidentify its restaurant after entry of a temporary restraining order and consent to a permanent injunction. ...more

Lathrop GPM

The Franchise Memorandum - Issue 249

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Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Since December 1997, The GPMemorandum has been presenting summaries of recent legal developments of interest to franchisors and companies...more

Lewitt Hackman

Franchise 101: The Differences Between Franchises and Other Business Arrangements

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Under California law, a business relationship is a “franchise” if: (1) the business will be substantially associated with the franchisor’s trademark; (2) the franchisee will directly or indirectly pay a fee to the franchisor...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Is Your Business Franchisable? An Alternative Method for Business Enterprise Growth

When business owners contemplate expan­sion and growth of their business enterprise and brand, they must first make a fundamental decision on strategy and method of expansion. Should they (a) expand on their own, utilizing...more

Foley & Lardner LLP

Franchisor Bankruptcy Case Dismissed as a Bad Faith Filing

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The United States Bankruptcy Court for the District of Delaware recently issued an opinion discussing the tension between using bankruptcy as a legitimate tool to maximize value versus using bankruptcy merely as a litigation...more

Troutman Pepper

Federal Court Reinforces That Franchisors Should Control Advertising to Ensure Uniformity

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An Illinois federal judge recently found that a franchisor has the absolute right to control its franchisees’ advertising of the products and services offered under a franchise. Lokhandwala v. KFC Corp., No. 17-cv-6394 (N.D....more

Kilpatrick

5 Key Takeaways-What You Need to Know in the US and Latin America About Franchising and IP

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Kilpatrick Townsend Partner Marc Lieberstein, Co-Chair of the firm’s Retail & Consumer Goods Industry Team and member of the Firm’s Latin American Focus Group, recently joined other thought-leaders on an international panel...more

Lewitt Hackman

Accidental Franchise = Potential Lawsuits, Fines + Other Penalties

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Business owners looking to expand may leave themselves vulnerable to several obvious losses, including those related to finance, brand identity, and customer loyalty. Resources, including exemplary human resources, are...more

Butler Snow LLP

Franchisee d/b/a Franchisor’s Trademark: The Fictitious Name Registration

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The fictitious name, also known as the d/b/a, doing business as, trade name or assumed name. Every franchisee uses one and, in almost all cases, it’s the franchisor’s trademark. And while it may be considered “fictitious,”...more

K&L Gates LLP

Franchising Update - February 2014

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To begin 2014, we remind franchisors of the Government's response to the changes to the Franchising Code recommended last year. On 6 January 2014, Small Business Minister Bruce Billson advised that the Coalition advocated...more

Jaburg Wilk

Thinking About Franchising Your Business?

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As a successful business owner or business owner with a new and trendy concept, you probably get approached frequently by people hoping to acquire rights to operate your business “back home.” You are probably flattered by the...more

Lewitt Hackman

Focused on Franchise Law - May 2013

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FRANCHISOR 101: STATES UPPING THE ANTE FOR FRANCHISORS - A LEGISLATIVE UPDATE - Laws focusing on the franchisees' rights are referred to as relationship laws, and in recent months, franchisee groups fighting for new...more

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