News & Analysis as of

Intellectual Property Protection Franchise Agreements

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

Lewitt Hackman

Franchisee 101: Non-Compete Jumpstarted in Bankruptcy

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A Michigan bankruptcy court held that a debtor-franchisee seeking to reject a franchise agreement for an auto repair center could not reject either a stand-alone confidentiality agreement with the franchisor or the...more

Kaufman & Canoles

New Principles of Franchising from the IFA Legal Symposium

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The International Franchise Association (IFA) recently announced its core practices of responsible franchising and policy recommendations. The principles are grounded in transparency during the franchise sales process through...more

Goodwin

Ten Issues to Consider When Acquiring a Food Business

Goodwin on

The food industry is generally considered recession-resistant and less susceptible to economic downturns than other sectors, making it an attractive investment for private equity firms seeking stable returns. The increasing...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

ArentFox Schiff

Hospitality Trends: 10 Legal Challenges for Companies in 2023

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With the start of the new year, the ArentFox Schiff Hospitality Industry team reviews 10 of the most pressing legal issues for hospitality companies in 2023. 1. Potential Down Market Pressures. Interest rate increases are...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

DarrowEverett LLP

Naked Licensing: That’s Your Name, So Don’t Wear It Out

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From multinational corporations to franchises to non-profits, there is a lot that goes into building your brand and a positive brand association among consumers. As a company looks to growth strategies, it will consider...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

Seyfarth Shaw LLP

Don’t Play Chicken With Court Orders: COVID-19 Is No Excuse for a Terminated Franchisee to Continue Using the Franchisor’s...

Seyfarth Shaw LLP on

In a decision of first impression issued last week, the United States District Court for the Western District of Tennessee held, in Gus’s Franchisor, LLC v. Terrapin Restaurant Partners, LLC, that the COVID-19 pandemic did...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

Neal, Gerber & Eisenberg LLP

NGE IP Focus: Hospitality and Leisure - ISSUE 1 | FALL 2018

Among the things that are the most exciting about being an intellectual property practitioner working in the hospitality industry are the variety and wide breadth of legal issues that need to be addressed. We are...more

Eversheds Sutherland (US) LLP

Hotel management and franchise agreements under Mexican law

For more than 10 years, the Mexican hospitality market has been gaining a world-wide position. In 2017, Mexico experienced a record hotel sector revenue of net $21.3 billion, up 8.3% from 2016, and an increase in hospitality...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

Accidental Franchise = Potential Lawsuits, Fines + Other Penalties

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Business owners looking to expand may leave themselves vulnerable to several obvious losses, including those related to finance, brand identity, and customer loyalty. Resources, including exemplary human resources, are...more

Holland & Knight LLP

Food and Beverage Law Update: March 2017

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Legalized Drug Use Impacts the Food and Beverage Industry - In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for...more

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