Fifth Circuit Affirms Lanham Act and Antitrust Judgment for Franchisor

In <i>Schlotzsky's Ltd. v. Sterling Purchasing and National Dist-ribution Co., Inc. ("Sterling")</i>, 502 F.3d 393 (5th Cir. 2008), the Fifth Circuit reinforced the tough standard for proving an antitrust tying claim against a franchisor and clarified the broad scope of the Lanham Act's unfair competition provision. The decision is important for franchisors defending claims of market power.

11 minute read May 29, 2008 at 08:31 AM
By
Edward Wood Dunham And Erika L. Amarante
Fifth Circuit Affirms Lanham Act and Antitrust Judgment for Franchisor

In Schlotzsky's Ltd. v. Sterling Purchasing and National Dist-ribution Co., Inc. (“Sterling“), 502 F.3d 393 (5th Cir. 2008), the Fifth Circuit reinforced the tough standard for proving an antitrust tying claim against a franchisor and clarified the broad scope of the Lanham Act's unfair competition provision.

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