News & Analysis as of

Intellectual Property Protection Franchisors

Faegre Drinker Biddle & Reath LLP

Franchise Agreement Precludes Defend Trade Secrets Act Claim

On February 27, 2025, the District of Minnesota granted a franchisor’s motion to dismiss a lawsuit initiated by its franchisee, alleging, among other things, breach of contract and misappropriation of trade secrets under the...more

Pillsbury Winthrop Shaw Pittman LLP

Bankruptcy Court Ruling Highlights Circuit Split on Franchise Agreements

The California decision reinforces a strict approach to assumption of franchise agreements, underscoring potential roadblocks for franchisee reorganizations. Even where a debtor is not assigning a franchise agreement,...more

Foley & Lardner LLP

Franchisor Enforces Its Trademark Rights Against Former Prospective Franchisee

Foley & Lardner LLP on

A franchisor may pursue claims for declaratory and injunctive relief for potential trademark infringement against a former prospective franchisee even though the prospect never actually used the marks in question. Grainier...more

Lathrop GPM

Virginia Federal Court Rules It has Subject Matter Jurisdiction Over DTSA Claim Because Foreign Bankruptcy Proceeding Only Stayed...

Lathrop GPM on

A federal court in Virginia recently ruled that it had federal question subject matter jurisdiction over a Defend Trade Secrets Act (DTSA) claim, rejecting Defendants’ argument that a foreign bankruptcy proceeding stayed the...more

Lewitt Hackman

Franchisor 101: Pieces of the Trademark Pie

Lewitt Hackman on

An Illinois federal district court granted partial summary judgment in a trademark dispute against Ledo Pizza System, Inc. (“System”) and Ledo Pizza Carryouts, Ltd. (“Carryouts”), a franchisor of pizza restaurants...more

Polsinelli

What is the Impact of the FTC’s Final Non-Compete Rule on Franchisors and Franchisees?

Polsinelli on

As explained in Polsinelli’s prior alert of April 24, 2024, the FTC announced its final rule on non-compete covenants (the “Rule”) on April 23, 2024. Critically, the Rule does not prohibit non-compete agreements between...more

K&L Gates LLP

Doing Business in Australia

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Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been...more

Bradley Arant Boult Cummings LLP

LADR Case Notes (August 2022-October 2022) and FLJ Currents (Winter 2023)

A gym franchisor recently secured a preliminary injunction against its former franchisee prohibiting the franchisee from operating an independent gym on the same location and using the franchisor’s trade secrets. Chris...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

Kilpatrick

5 Key Takeaways from Coming to America - So You Think Your Franchise is Ready for the U.S. Market?

Kilpatrick on

On November 3-4, 2022, at the American Bar Association’s 45th Annual Forum on Franchising, Marc A. Lieberstein, Partner at Kilpatrick Townsend, and Lee Plave, Partner at Plave Koch PLC, presented Coming To America: So You...more

Stark & Stark

Franchisor Beware: Registered Trademarks Does Not Mean Impunity from Priority Local Use Challenge

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Federal trademark registration is the Holy Grail for companies, especially franchises, looking to expand their footprint and access a national audience. But even though trademark registration confers on owners certain...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

Davis Wright Tremaine LLP

Protecting Your Brand and Networks During COVID-19 - Practical Steps for Brand Owners Relying on Independent Contractors

This communication is for brand owners (franchisors, suppliers, licensors) that rely on authorized brand users (franchisees, distributors, dealers, licensees) to operate businesses identified by your brand name that...more

Kilpatrick

4 KEY TAKEAWAYS: Trademark Clearance

Kilpatrick on

Kilpatrick Townsend senior counsel Chris Bussert recently presented in a workshop with Jeremy Liebman, franchise counsel at Krispy Kreme Donut Corporation, and Jason Adler, general counsel at Cellairis Franchise, Inc., at the...more

Kilpatrick

6 Key Takeaways - Franchise 101 for IP Lawyers

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This infographic provides an overview of U.S. franchising and insight into the valuable role of trademarks and other IP assets to franchisors. ...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

Mitchell, Williams, Selig, Gates & Woodyard,...

Petroleum Marketing Practices Act: Federal District Court Addresses Branded Retailers Challenge to Franchise Termination

A United States District Court (Northern District California) (“Court”)addressed in a January 3rd Order a retail motor fuel franchisee’s request for a preliminary injunction against an oil company’s termination of its...more

Troutman Pepper Locke

Federal Court Reinforces That Franchisors Should Control Advertising to Ensure Uniformity

Troutman Pepper Locke on

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

Lewitt Hackman

There's an App for That: Franchisors Fight Slumping Sales, Millenials

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How has the gourmet burger gone awry? According to Fox, the better burger business dropped five percent in foot traffic at quick-serve restaurants last year, primarily because consumers are opting to “DIY” their food at home....more

Lewitt Hackman

FRANCHISOR 101: Original Content Needed to Protect Ops Manuals

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An important part of the franchise system is the confidential operating manual. Many franchisors claim protection of operating manuals under the law of trade secrets and copyright. Keeping the contents confidential is...more

Akerman LLP - HR Defense

The NLRB Expands Its Reach in the Non-Union Workplace

The National Labor Relations Board continues to infiltrate the workplace even where there are no unions. Standard workplace policies — including those relating to employee conduct, protecting intellectual property, use of...more

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