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Court Watch
Franchisor Potentially Liable for Failure to Contribute to Advertising Fund
The U.S. District Court for the District of Massachusetts has denied a franchisor's motion to dismiss a class action complaint brought by a group of franchisees alleging that the franchisor breached its franchise agreements when it failed to put advertising fees collected from franchisees that underreported gross sales into the advertising and sales promotion fund, and instead diverted the fees to its own account. Moghaddam, et. al. v. Dunkin' Donuts, Inc., 2003 WL 22519474 (D. Mass. 2003).
The plaintiff franchisees owned and operated Dunkin' Donuts shops throughout Broward County, FL. Their franchise agreements obligated them to pay monthly franchise fees of 4.9% to 6.99% of gross sales and to make monthly advertising contributions to the Dunkin' Donuts of America, Inc. Franchise Owners' Advertising and Sales Promotion Fund (the “Advertising Fund”) of 5% of gross sales.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?