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Trademark Infringement Franchises

Foley & Lardner LLP

Federal Court Enjoins Former Franchisees and Two Related Entities from Competing Against Franchisor

Foley & Lardner LLP on

A federal court recently granted in part and denied in part a franchisor’s motion to enjoin the post-termination activities of its former franchisees and two related entities. Rooterman, LLC is a plumbing services franchisor....more

Lathrop GPM

Massachusetts Federal Court Grants Preliminary Injunction for Noncompete Violations, Denies Injunction for Trademark Infringement

Lathrop GPM on

A federal court in Massachusetts recently granted, in part, a Motion for Preliminary Injunction as to enforcement of franchise agreement noncompete covenants but denied the motion as to claims of trademark infringement,...more

Lathrop GPM

Kansas Federal Court Finds Personal Jurisdiction Over Franchisee’s Alleged Competitive Business in Unfair Competition Case

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In a franchisor’s suit against its franchisee and that franchisee’s new business, a federal court in Kansas recently denied the new business’ motion to dismiss for lack of personal jurisdiction. HappyFeet-Legends Int’l, Inc....more

Ward and Smith, P.A.

Did We Accidentally Create a Franchise?

Ward and Smith, P.A. on

Venturing into the world of licensing may allow business owners to dip their toes into brand expansion without plunging into the complexities and legal requirements of franchising.   License agreements appeal to fast-moving...more

Lathrop GPM

Oklahoma Federal Court Grants Franchisor’s Post-Termination Motion for Preliminary Injunction Related to Trademark Infringement

Lathrop GPM on

A federal court in Oklahoma granted franchisor Pizza Inn, Inc.’s motion for preliminary injunction preventing two former Pizza Inn franchisees – Odetallah and Allen’s Dynamic Food – from operating competing pizza restaurants...more

Lathrop GPM

The Franchise Memorandum - Issue 250

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Ohio Federal Court Awards Damages to Matco for Breach of Contract, Trademark Infringement, and Misappropriation of Trade Secrets - A federal court in Ohio has granted a franchisor’s unopposed motion for summary judgment...more

Lewitt Hackman

Franchisee 101: If it Walks Like a Franchise, Talks Like a Franchise, it Might Be a Franchise

Lewitt Hackman on

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

Robinson & Cole LLP

IP+T: Intelligence Newsletter - Q1 2019

Robinson & Cole LLP on

Jury Awards $95.5M in Trademark Infringement Case $95.5M in damages has been awarded by a jury in the ongoing trademark infringement battle between Walmart Stores, Inc. (Walmart) and Variety Stores, Inc. (Variety) over the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market - January 2019: Korea Amends Various IP Rights Guidelines

The beginning of 2019 brought some notable amendments to Korea’s intellectual property rights guidelines. On the trademark side, effective January 1, 2019, Korea’s Trademark Examination Guidelines were amended to include...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | July 2018 #2

LEGISLATION, REGULATIONS & STANDARDS - FDA Commissioner Questions Milk Standards Enforcement - At a speaking engagement, U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb reportedly expressed that the...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | March 2018 #3

USDA Withdraws Organic Livestock and Poultry Rule - The U.S. Department of Agriculture (USDA) has issued a final rule withdrawing the Organic Livestock and Poultry Practices Rule, leaving existing organic regulations in...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | February 2018

Cooke Aquaculture Fined $332,000 For Puget Sound Salmon Pen Collapse - The Washington Department of Ecology has reportedly fined Cooke Aquaculture $332,000 for violations of state water quality laws related to a net pen...more

Lewitt Hackman

Franchisor 101: Copycat Restaurant Shutdown

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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

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | January 2018 #3

House Panel Questions FDA Officials on Food-Recall Audit - One day after the U.S. Food and Drug Administration (FDA) issued draft guidance on proposals to expedite product warnings and recalls, FDA and other health officials...more

Seyfarth Shaw LLP

Federal Court Rules Against Calzone Franchisor In Meaty Lawsuit Against Former Franchisee

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In a meaty decision involving the intersection of restrictive covenant and franchise law, the United States District Court for the Southern District of Ohio recently denied a request by D.P. Dough Franchising, LLC (“D.P....more

McDermott Will & Schulte

No Damages for Plaintiff Since Dry Cleaner Agreed to Hang Up Trademark Use

The US Court of Appeals for the Eighth Circuit affirmed a permanent injunction enjoining a dry cleaner franchisee from using plaintiff’s trademarks but explained that plaintiff was not entitled to punitive damages, costs or...more

Lewitt Hackman

FRANCHISOR 101: Protecting Interests in Preliminary Injunctions

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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

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