Archive for Uncategorized

Posted on Uncategorized March 3, 2019

In 2008, Anago Franchising, Inc. sought to terminate its franchise relationship with its Subfranchisor Shaz, LLC. Although Shaz disputed the termination, Shaz immediately ceased using all of Anago’s trademarks, ended its affiliation with the Anago brand. After Shaz’s successful de-identification from the Anago brand, Anago sued Shaz in the Southern District of Florida. Anago Franchising, Read more →

Posted on Franchise Law, Franchise Law News, Uncategorized February 14, 2017

Franchisors and franchisees enter into what is known as a holdover period when a franchise agreement has expired, but the franchisee continues daily operations. A holdover period may be unlawful when a franchisee has continued to use the franchisor’s trademark without permission. In those situations, franchisors may be entitled to treble damages under the Lanham Read more →

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Posted on Franchise Law, Franchise Law News, Uncategorized February 14, 2017

Franchised small businesses within the State of Florida are not adequately protected under Florida law. Yet, inexplicably, current laws provide security for business owners that operate large automobile dealerships, agricultural equipment dealerships as well as beer distributors and other special industries. It is unjust that similar protections do not exist for the thousands of restaurants, Read more →

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Posted on Uncategorized June 30, 2015

Can subpar customer surveys serve as a basis for termination of the franchise relationship? In HLT Existing Franchise Holding LLC v. Worcester Hospitality Group, LLC, the Second Circuit upheld a decision by HLT, a subsidiary of Hilton Worldwide, to terminate a franchisee based, in large part, on poor guest evaluations. HLT Existing Franchise Holding LLC Read more →

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Posted on Blog, Uncategorized June 15, 2015

For many years, franchisors have repeatedly stated, and courts have generally agreed, that franchisees are independent contractors and not agents of the franchisor and thus franchisees’ employees cannot be classified as employees of the franchisor. As a result, any liability arising from unlawful conduct directed at a franchisee’s employee was to be borne solely by Read more →

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