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
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
4/1/2025
/ Arbitration ,
Contract Termination ,
Damages ,
Default Judgment ,
Franchise Agreements ,
Franchise Termination ,
Franchisee ,
Franchisors ,
Non-Compete Agreements ,
Permanent Injunctions ,
Trademark Infringement
A Kansas district court denied a franchisor’s motion for preliminary injunction against its former franchisee who engaged in competing businesses immediately after terminating the franchise relationship....more
11/1/2024
/ Breach of Contract ,
Contract Termination ,
Conversion ,
Franchise Agreements ,
Franchisee ,
Injunctive Relief ,
Irreparable Harm ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Trademark Infringement ,
Unfair Competition
A federal district court in Florida denied a former moving and junk hauling franchisee’s motion to dismiss claims of trademark infringement and unfair competition by franchisor College Hunks Hauling Junk (“CHHJ”)....more
A California federal court denied Mountain Mike’s Pizza a temporary restraining order (“TRO”) against one of its franchisees who did not renew its franchise agreement and opened a new restaurant under a different name.
In...more
An Indiana federal court granted hamburger and milkshake franchisor, Steak n Shake, a temporary restraining order (“TRO”) against a franchisee to enforce post-termination obligations under franchise and area development...more
A Florida federal court granted a preliminary injunction against a terminated franchisee. The court enjoined the ex-franchisee from using the franchisor’s trademarks and trade dress. The court enforced the franchisor’s...more
8/4/2020
/ Breach of Contract ,
Employee Relocations ,
Franchise Agreements ,
Franchise Termination ,
Franchisee ,
Franchisors ,
Non-Compete Agreements ,
Non-Parties ,
Preliminary Injunctions ,
Restrictive Covenants ,
Successor Interests ,
Successor Liability ,
Trade Dress ,
Trademark Infringement ,
Trademarks
A federal court in Maryland entered default judgment and a permanent injunction in favor of an ice cream franchisor against a franchisee that continued operating its ice cream shop after termination....more
Twin City Lodging LLC bought a Best Western Hotel in Mankato, Minnesota, then entered into a “Membership Agreement” with Best Western International. Best Western granted Twin City a license to operate the hotel under Best...more
10/1/2019
/ Best Western ,
Breach of Contract ,
Community of Interest ,
Counterclaims ,
Franchise Fees ,
Franchise Termination ,
Franchisee ,
Franchises ,
Franchisors ,
Hotels ,
Licenses ,
Motion to Dismiss ,
Notice Requirements ,
Trademark Infringement
Sandwich shop franchisor Erbert and Gerbert (“E&G”) was unable to demonstrate a “better than negligible” likelihood of succeeding on allegations that a former franchisee infringed its trade dress in establishing a new...more
An ex-franchisee of a vehicle transportation and shipping management franchise was enjoined by a federal court, for two years, from operating a competitive business at its former location in Virginia or anywhere the...more
Though an individual owner and operator of a formerly franchised Church's Chicken restaurant in Texas was not a signer of the franchise agreement, a district court ruled the individual was subject to the agreement's...more
3/1/2018
/ Assignments ,
Breach of Contract ,
Cease and Desist ,
Confusingly Similar ,
Equitable Estoppel ,
Franchise Agreements ,
Franchisee ,
Franchisors ,
Motion To Enjoin ,
Non-Compete Agreements ,
Non-Signatories ,
Post-Termination Acts ,
Restaurant Industry ,
Third-Party Relationships ,
Trademark Infringement ,
Trademarks
A registered trademark is a valuable corporate asset and can be a significant part of a company's worth. A franchisor has an affirmative legal duty to police use of its mark by licensed franchisees and also third-party...more
2/2/2018
/ Cease and Desist ,
Duty to Monitor ,
Franchisee ,
Franchises ,
Franchisors ,
Injunctions ,
Likelihood of Confusion ,
Restaurant Industry ,
Trademark Infringement ,
Trademark Registration ,
Trademarks
Domain name registration is usually a good first step to cement trade name and mark ownership. In a previous blog we reminded readers that possession, even in Intellectual Property matters, is nine-tenths of the law...more
A franchisor in a termination dispute with a franchisee may request a preliminary injunction to force the franchisee to immediately stop operating the franchised business and using the franchisor's trademarks and intellectual...more
At one time or another, many people have occasion to be renters who feel mistreated by a landlord. This may be due to delays in repairs, responses, or just turning on the heat. A typical reaction is the temptation to...more
10/29/2015
/ Commercial Leases ,
Dunkin' Donuts ,
Franchise Agreements ,
Franchise Fees ,
Franchisee ,
Franchisors ,
Injunctions ,
Renovations ,
Site Plans ,
Trademark Infringement ,
Trademarks
In Fantastic Sam's Salons, Corp. v. Moassesfar, a federal court in Los Angeles denied a motion by former franchisees to dismiss Fantastic Sam's claims for breach of contract and trademark infringement based on the contractual...more