News & Analysis as of

Royalties Covenant of Good Faith and Fair Dealing

Lewitt Hackman

Franchisor 101: Defaults Sink Bathroom Remodel Franchisee

Lewitt Hackman on

On competing motions for a temporary restraining order (“TRO”) by ReBath – a nationwide bathroom remodeling franchisor, and its terminated franchisee, ReBath prevailed in restraining the ex-franchisee’s further operations. A...more

Proskauer - Life Sciences

Delaware High Court Allows Licensee To Stop Royalty Payments By Disclaiming Patent Claims

In an opinion issued on March 3, 2021, the Supreme Court of Delaware, one of the top commercial courts in the country, overturned a jury verdict that Glaxo Group Limited and Human Genome Sciences, Inc. (collectively, “GSK”)...more

Lewitt Hackman

Franchisee 101: Convenience Store Pays for Inconvenient Ordinance

Lewitt Hackman on

A federal court in New Jersey denied a 7-Eleven franchisee’s motion for a temporary restraining order. The franchisee sought an order enjoining 7-Eleven from enforcing various franchise agreement provisions, including charges...more

Bennett Jones LLP

University's Infringing Reproductions Fall Short of Fair Dealing

Bennett Jones LLP on

The fair dealing user right, as an exception to copyright infringement, has its limits. The fact that a use falls within an enumerated purpose under the Copyright Act is no guarantee of immunity from infringement. To avoid...more

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