by kladmin | Feb 15, 2018 | Franchise
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...
by kladmin | Jan 15, 2018 | Franchise
A few years ago I wrote an article addressing the balance between a Franchisor’s control of brand and systems and its exposure to liability due to the Franchisee’s actions. See,...
by kladmin | Nov 27, 2017 | Franchise
To what extent will a Court allow permanent restraints when a Franchisee clearly violates the terms of the franchise agreement? In this decision, the Court addressed a default judgment motion filed by the Franchisor against a Quiznos Franchisee, which had terminated...
by kladmin | Jul 6, 2017 | Franchise
This decision underscores the inherent problem with using the franchise business model in the hospitality industry. The hospitality Franchisor typically sets very high standards of service for the Franchisee, so as to protect its brand in a very competitive market....
by kladmin | May 11, 2017 | Franchise
Plaintiffs, Franchisee of Retrofitness, having a gym facility in New Jersey, were persuaded by a salesman for the Franchisor to invest in an established Retrofitness franchise in Florida. The salesman first met the Plaintiffs when they inquired about a Retrofitness...
by kladmin | Mar 21, 2017 | Franchise
Licensor (and a Franchisee) of the “Tony Luke’s” mark filed a breach of contract action in the New Jersey Superior Court. Franchisor/Licensee then filed a suit in the federal district court alleging trademark and unfair competition claims under the Lanham Act, 15...
