Plaintiff filed an online application with Subway’s seeking to become a Franchisee. The application included the following term: “I agree that the arbitration will be administered by either the American […]
Franchisee’s employee sought a job change and applied to a nearby McDonald’s company-owned (McDonald’s Operating Companies or “McCoOp”) restaurant.* After applying and being interviewed, the Plaintiff’s application was turned-down due […]
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 […]
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 […]
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 […]
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