Kodak applied to franchise cases: has Chicken Delight made a Phoenix-like re-appearance a generation later?
Article Abstract:
Two 1996 cases involving tying agreements alleged by franchisees threaten to resuscitate the US Court of Appeals for the Ninth Circuit's decision in Siegel v. Chicken Delight, which found that franchise trademarks could give rise to the market power required in tying claims. In Wilson v. Mobil Oil Corp., the court refused to grant a motion to dismiss finding that franchisees could have been locked-in and unable to seek out suppliers other than the one dictated by the franchisor. In Collins v. International Dairy Queen, the court found that tying could occur in the franchise context.
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 1996
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Goodyear Tire & Rubber Co. v. Tualatin Tire and Auto, Inc.: the right to jury trial in civil actions under the Oregon Franchise Act
Article Abstract:
The Oregon Supreme Court, in the 1995 Tualatin Tire case, ruled that a franchisee possesses a right to a jury trial in Oregon Franchise Act (OFA) litigation. The Court analyzed similar state securities laws and case rulings, in conjunction with the OFA's legislative history, in concluding the Oregon Legislature had intended to authorize such a right. While the Court acknowledged the OFA is unclear in specifying the equitable or legal nature of its remedies, the OFA's remedy provisions are similar to those in the securities laws authorizing a jury trial right.
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 1996
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Earnings information a basis for claims
Article Abstract:
The Seventh Circuit approved a lower court's decision in Hardee's of Maumelle v. Hardee's Food Systems, Inc that erroneous earnings projections given by the franchisor to the franchisee during the franchising process did not constitute a violation of disclosure laws. A separate court held that under Illinois law, such earnings projections could constitute fraudulent misrepresentation.
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 1995
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- Abstracts: Franchise bills would have broad impact. Franchise law; dealer terminations. Franchise law; disclosure proposals
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