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Damages from Defaulting Franchisees: More Options Than You Think
When the relationship between a franchisor and a franchisee breaks down, one might think the standard measure of damages is just the lost franchise fees. However, just as a simple failure to perform is not the only type of wrong suffered by franchisors, unpaid fees are not the only types of damages available. This article examines a number of cases in which the franchisor's claims ' and claimed damages ' were outside the ordinary.
A franchisor invests blood, sweat, and tears ' and usually a lot of money ' in creating, developing, and marketing its business. Portions of that business are expressed in one or more forms of protectable intellectual property, such as patented products, machinery or processes, trademarks or trade names, copyrights, or trade dress. Most times, when a dispute arises between a franchisor and a franchisee, the franchisor has claims under the statutes or case law protecting such intellectual property.
For example, when a franchisee wrongfully uses the franchisor's trademarks, often after the end of the franchise relationship, it can be liable for damages measured in several different ways. In Hair Associates v. National Hair Replacement Services, Inc. et al., 987 F.Supp. 569, (W. D. Mich. 1997), the franchisor asserted such a claim against a terminated franchisee. The court cited the relevant provisions of the Lanham Act, 15 U.S.C. ' 1125(a), that entitle the registrant of a mark to recover: 1) defendant's profits; 2) damages sustained by the plaintiff; and 3) the costs of the action. The court also has discretion to enter judgment for any sum above the amount found as actual damages, not exceeding three times that amount. The court wrestled with alternative methods of computing the defendant's profits, but ultimately settled on a sum.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.