Vicarious and other non-primary liability

Article Abstract:

A number of 1995 court decisions addressed the issue of franchisors' non-primary or vicarious liability in conjunction with franchisees' acts or alleged negligence. In a Missouri case, the franchisor was considered liable for failure to properly train franchisee employees as well as for problems in facility design. However, franchisors won liability cases in Vermont and California that focused on responsibility for liquor service in a franchised restaurant and a constructive discharge claim, respectively.

Liability (Law), Legal liability, Respondeat superior

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Bankrupcty

Article Abstract:

The 1995 Printonics case held that a debtor-franchisee remained bound by a post-termination covenant not to compete despite the franchisee's bankruptcy, because the franchisee's rejection of the franchise agreement did not constitute actual termination of it. The 1995 Egyptian Brothers Donut case rejected the debtor-franchisees' automatic stay motion to block a pre-petition franchise agreement termination and held that the franchisor was entitled to possession of the stores at issue.

Business Failures, Interpretation and construction, Bankruptcy law

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In land mark decision, Supreme Court holds trade dress to be protected without proof of secondary meaning

Article Abstract:

The US Supreme Court has held that trade dress, which includes such things as decor and uniforms, may be protected from appropriation by a competitor even if it is not demonstrated to be firmly associated with the business of origin in the public's mind. The case centered around two restaurants, Two Pesos and Taco Cabana, which featured nearly identical decor. Plaintiff Taco Cabana's claim against Two Pesos was upheld.

Rules of origin (International trade), Rules of origin, Financial disclosure

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