A federal court in Texas denied a manufacturer’s motion to dismiss its dealers’ claims of wrongful termination and breach of contract. Cooper Equip. Co. v. Hitachi Constr. Mach. Americas, Inc., 2024 WL 4467536 (W.D. Tex. Oct....more
A federal court in Pennsylvania granted in part and denied in part a licensee’s motion to dismiss the licensor’s breach of contract, fraud, and Lanham Acts claims. Westbrook Monster Mix Co. v. Easy Gardener Prods., Inc., 2024...more
3/18/2024
/ Brand ,
Breach of Contract ,
Fraud ,
IP License ,
Lanham Act ,
License Agreements ,
Logos ,
Misrepresentation ,
Motion to Dismiss ,
Royalties ,
Trademark Litigation ,
Trademarks
A federal court in California denied a franchisor’s motion to dismiss a consumer’s claims for a violation of the unfair-practices prong of California’s Unfair Competition Law (UCL) and unjust enrichment. Torres v. Botanic...more
A federal court in Massachusetts has dismissed franchise claims brought against a manufacturer, concluding that the distributor had failed to identify a franchise fee that would qualify it for protection from non-renewal...more
10/6/2023
/ Choice-of-Law ,
Contract Terms ,
Counterclaims ,
Covenant of Good Faith and Fair Dealing ,
Distributors ,
Franchises ,
Manufacturers ,
Motion to Dismiss ,
Promissory Estoppel ,
Sales & Distribution Agreements ,
Tortious Interference ,
Unfair or Deceptive Trade Practices