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Distributors Franchisors

BCLP

Ban on Online Sales in a Franchise Network: The French Competition Authority Sanctions Franchisor De Neuville

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On February 6, 2024, the French Competition Authority ("l'Autorité") fined chocolate producer De Neuville 4 million euros for vertical agreements. This decision is interesting in several respects...more

Fox Rothschild LLP

Not All Payments Qualify as “Fees” under State and Federal Definitions of a Franchise

Fox Rothschild LLP on

A recent court case (Cognex Corporation v. Air Hydro Power LLC) between a distributor and manufacturer is a reminder to franchise attorneys that not all amounts paid by a licensee to a licensor qualify as a “franchise fee”...more

Fox Rothschild LLP

Truck Dealers: The Forgotten Child - Why Encroachment Protection Is Not a One-Size-Fits-All Proposition

Fox Rothschild LLP on

Franchise laws, indeed, the entire automotive industry, are focused primarily on the passenger motor vehicle market – and nowhere is this more obvious than in the area of encroachment protection. The commercial truck...more

Fox Rothschild LLP

 Recent Illinois Case A Reminder of Broad Scope of “Franchise Fee” Element

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The recent case of Rhine Enters v. Refresco Beverage out of the federal district court of the Southern District of Illinois should be a reminder to licensors and manufacturers that avoiding the “fee prong” element of a...more

Lathrop GPM

The Franchise Memorandum - Issue # 264 (Distribution Issue)

Lathrop GPM on

Welcome to The Franchise Memorandum by Lathrop GPM. Periodically, The Franchise Memorandum focuses on topics primarily of interest to companies that use distributors and dealers rather than manage a business format franchise...more

Fox Rothschild LLP

Distributor Still Not A Franchise

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A Minnesota distributor of burners is not a franchisee of the manufacturer of the burners under the Minnesota Franchise Act (“MFA”), held a federal district court in Minnesota in an action in which the distributor attempted...more

Lewitt Hackman

Franchisor 101: Don’t Interfere With Beer

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The Mississippi Supreme Court ruled that a beer manufacturer’s “match and redirect” provision in an agreement with a wholesaler violated the state’s Beer Industry Fair Dealing Act (BIFDA). Anheuser-Busch’s contract said if...more

Fox Rothschild LLP

Negotiating Supplier And Distributor Agreements (Reports From The IFA Legal)

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The first step in creating or renegotiating a supply chain is understanding its component parts, and the roles each part plays: Producers, Manufacturers, Distributors, Retailers, and Consumers. These roles are not exclusive....more

Lewitt Hackman

FRANCHISEE 101: Cold Brew Remedy

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Beer distributors can be on common footing with their franchisee counterparts in bargaining with brewers or suppliers. Depending on the jurisdiction, distributors may have protection through beer distribution statutes...more

Lewitt Hackman

Crossing the Line: Don't Let Business Clients Become Accidental Franchisors

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Too often, expansion-minded business owners choose to offer trademarked products or services through purported licensing agreements or distribution or dealership arrangements only to discover, well into the game, that what...more

Dickinson Wright

Franchise and Distribution News - January 2015

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TAKE ACTION NOW TO AVOID UNEXPECTED STATE TAX LIABILITIES - Traditionally, nexus for state income tax liability has required some type of physical presence or continuous contacts by the franchisor/distributor with a...more

Lewitt Hackman

Focused on Franchise Law - February 2014

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FRANCHISOR 101: Franchisor Successfully Fends Off Fraud Claims - There are circumstances when a fraud claim will not succeed against a franchisor. In Dunkin' Donuts Franchised Restaurants, LLC v. Claudia I, LLC, a...more

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