Author: kladmin

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 […]

  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. […]

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 […]

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 […]

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 […]

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 […]

The Franchisee sought a Dunkin’ Donuts/ Baskin-Robbins franchise with a location in a mall. During negotiations, the Franchisor learned that the Franchisee was also negotiating with a competing franchise, Red […]

The Plaintiff was a distributor of Defendant’s products in New Jersey and throughout the northeast. Plaintiff filed its initial Complaint in the State Superior Court, but the Defendant had it […]

This is a troubling decision for Franchisors in New York State. The Franchisee, Mr. Baez, had entered into a franchise with PD 10276, Inc. (“Jan-Pro”) Subsequent to the Franchisee ceasing […]