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Uncrustables Drama Leaves Trader Joe’s in a Trademark Jam

Trademarks serve as a vital way for businesses to protect their brand’s identity. Whether it is McDonald’s prominent golden arches or the Nike Swoosh, a trademark is generally a word, logo, phrase, or design that allows...more

Franchisee 101: Going on Vacatur

A district court in Pennsylvania confirmed a final arbitration award in favor of a franchisor, denying the franchisees’ motion to vacate the award. An association of franchisees sued franchisor Choice Hotels International,...more

Franchisor 101: Waltzing Around Joint Employer Issues

A district court in Maryland granted a franchisor’s motion to dismiss against an employee in a discrimination and wrongful termination case. The court concluded the employee failed to show that she was an employee of the...more

New Bad Bunny Lawsuit Highlights Unjust Enrichment and Contract Law

Contracts form the foundation of nearly every business transaction in California and across the United States. Parties use them to hire employees, license a service, or, as in musician Bad Bunny’s case, feature a private home...more

Franchisee 101: All Bark and No Bite

A federal court in Michigan largely denied a franchisor’s motion for preliminary injunction against its former franchisees, accused of breach of contract, trademark infringement, trade secret misappropriation, and civil...more

Franchisor 101: A Path to Lost Future Royalties

A California federal court denied a franchisee’s motion to dismiss a franchisor’s counterclaims related to the loss of future royalties after terminating two separate franchise agreements in Ohio....more

Franchisee 101: Suggestive Termination

An Arizona federal court dismissed a franchisee’s counterclaims for breach of contract, defamation, and injunctive relief against LeTip World Franchise, a professional networking franchisor....more

Franchisor 101: Hey, That’s My ADR Provision

A California federal court stayed proceedings in favor of the franchisor and ordered the parties to undertake the dispute resolution procedures in the franchise agreement, holding that the parties clearly and unmistakably...more

Franchisee 101: Franchisee’s Milkshake Brings All Claims to the Yard

A Texas federal court granted American Dairy Queen Corporation’s motion for partial summary judgment against a terminated franchisee, finding no dispute to the material facts establishing the franchisee’s material breach of...more

Franchisor 101: A Franchise Nondisclosure Document

A California federal court denied a motion to dismiss a former franchisee’s complaint against a healthcare recruitment franchisor’s Chief Executive Officer....more

Franchisee 101: Dog Days of Operations

A federal court in Missouri granted franchisor’s motion for preliminary injunction against its former franchisee, enjoining the former franchisee from operating a competing business from the former franchised location....more

Franchisor 101: Duty of Care

The Texas Supreme Court reversed a lower court’s decision against a franchisor based on a theory of negligence after a customer was assaulted by an employee of the franchisee. The court concluded that franchisor did not owe a...more

Franchisee 101: Handle Profit Projections With Care

A New York federal court denied a franchisor’s motion to dismiss a franchisee’s complaint for misrepresentations and improper financial performance representations which allegedly induced the franchisee to enter into multiple...more

Franchisor 101: Farsighted Vision for System Changes

An Ohio federal court granted a franchisor’s motion to dismiss a putative class of franchisees alleging antitrust violations and related claims, including interference to deflate franchisees’ reimbursement rates. Other class...more

Franchisee 101: When the Competition Leaks

A Massachusetts federal court granted a franchisor’s request to enforce the franchise agreement’s post-termination non-compete provision against a terminated franchisee....more

Franchisor 101: Mowing and Blowing Past Mediation

A California federal court denied a franchisor’s motion to dismiss a franchisee’s complaint claiming the franchisee failed to first mediate the dispute before filing an action as required under the franchise agreement....more

Franchisee 101: Salon Franchisee Snipped, Confirmed, and Enjoined

A federal district court in Tennessee granted a motion for a default judgment in the franchisor’s favor against its former franchisee requiring the franchisee to pay damages and comply with the post-termination obligations...more

Franchisor 101: Too Much Control can be Painful

An employee of a Domino’s Pizza franchisee, returning from a pizza delivery, collided with a motorcyclist who suffered serious injuries. After a Pennsylvania jury found Domino’s (as franchisor) vicariously liable for the...more

Franchisee 101: Outside Chance of a Franchise

A New Jersey Court of Appeals found that a retailer was not a franchisee under New Jersey’s Franchise Practices Act (NJFPA) and therefore NJFPA’s termination requirements did not apply to the retailer’s termination....more

Franchisor 101: The Forwarded Franchisee

A district court in Arizona granted a franchisor’s motion to transfer venue to Missouri pursuant to the terms of the franchise agreement. S&G Elite LLC (“S&G”) and ST National Franchising, LLC (“Franchisor”) entered into a...more

Franchisee 101: Detailing Within a State Addendum

A California federal court partially granted a motion to compel arbitration by car care franchisor Spiffy Franchising. However, the court invalidated provisions in the franchise agreement providing for dispute resolution in...more

Franchisor 101: Something in the Water

A Mississippi federal court granted summary judgment in favor of Leisure Systems, Inc. (“LSI”), a franchisor of Yogi Bear themed children’s parks and campgrounds, on negligence and premises liability claims. The case was...more

Franchisee 101: Booked for Personal Jurisdiction

The California Court of Appeals upheld a lower court’s decision finding that a Texas court had personal jurisdiction over a California franchisee. GlobalCFO, LLC and GlobalCFO Franchise, LLC (collectively, “GlobalCFO”),...more

Franchisor 101: Convenient Franchise Practices

A New Jersey federal district court granted summary judgment in favor of 7-Eleven, Inc. in a dispute with a franchisee. The franchisee signed a franchise agreement to operate a 7-Eleven store in Princeton, New Jersey,...more

Franchisee 101: Muscling Through the Competition

A Minnesota district court issued a preliminary injunction against a former franchisee who engaged in a competing business during the franchise relationship. Snap Fitness, Inc., a gym franchisor, entered into a franchise...more

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