The next meeting of the Kansas City Franchise Business Network is scheduled to occur on Wednesday, March 7, 2012 at the Kansas City office of Armstrong Teasdale. The meeting will feature guest speaker Marcus A. Banks, Senior Vice President – Litigation and Government Relations of Wyndham Worldwide Corporation. Mr. Banks will discuss evaluating and assessing litigation risk, negotiating and resolving litigation, and identifying and securing insurance coverage for claims.
Tag: franchisor
Can Holdover Franchisees Be Held Liable For Trademark Counterfeiting?
One of the most common lawsuits in franchising involves the “holdover” franchisee. In these cases, the franchise agreement has either expired or it has been terminated. The holdover franchisee, however, continues to operate his or her business as though nothing has changed and continues to use the franchisor’s trademarks and trade dress. The recent case Century 21 Real Estate, LLC v. Destiny Real Estate Properties found that a holdover franchisee can be held liable for trademark counterfeiting, which means that potentially large punitive damage awards can be available against holdover franchisees.
Lawsuit Regarding Strip Club Ad Highlights Importance Of Franchise Brand Management
A recent lawsuit filed by sandwich franchisor Capriotti’s underlines the importance of brand management for franchise companies. The franchisor sued its Las Vegas-based franchisee, seeking to terminate the franchise agreement in reaction to the franchisee’s co-advertising campaign with a strip club, featuring the tagline “a match made in Vegas heaven: boobs and Bobbies.”
Recent Franchising Stories Focus On Funding And Incentives
At the beginning of 2012, the big story in franchising appears to be the same one that we have seen for the last several years: money. Franchisors are still looking for answers to questions about growth in a time when it is difficult for prospective franchisees to find funding. There are a couple of good articles this week that demonstrate possible answers to these questions.
New York Adopts Limited Franchise Trade Show Exemption; Will Other Registration States Follow Suit?
The State of New York recently enacted a new, limited exemption to its Franchise Sales Act (N.Y. Gen. Bus. L. § 680 et. seq.) (the “Act”), which will allow franchisors that are not registered with the State to participate in a franchise trade show under certain circumstances.
“Where’s The Beef?” Gets Resurrected: Why It’s Important To Maintain Your Trademark Registrations
The latest example of 80s influence on pop culture is Wendy’s recent resurrection of its “Where’s The Beef?” campaign. The renewal of the old campaign serves as a valuable reminder of the importance of maintaining your trademark registrations, even on older trademarks.
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