Federal Rule 11 Sanctions Levied in Patent Action

This decision serves as a cautionary tale for franchisors whom act aggressively and rashly in the protection of its IP. Here, Sub Zero sued a Louisville, Kentucky, ice cream business (Frank Nye Consulting, LLC d/b/a Arctic Scoop) alleging that the defendant company...

When the Franchisee is Required to Upgrade POS Tech

This decision arises from a dispute centered upon the Franchisee’s refusal to upgrade a Point of Sale (“POS”) system, claiming that the Franchisor’s POS replacement was inferior and not suited to the chocolatier’s shop, nor did it meet the Franchisor’s own...

NJ Forum Selection Clause Enforced Over CA Law

Will New Jersey-based Franchisor’s forum selection clauses be enforced over the California Franchise Relations Act (“CAFRA”) and Franchise Investment Law (“CFIL”)? According to the Federal District Court, yes. Alleged Breach of Franchise Agreement This dispute arose...