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Seeking a preliminary injunction

Article Abstract:

Preliminary injunctions are often sought by parties in a franchise suit but it is important to understand the procedural rules and plan the request carefully to gain the court's support. These injunctions also require a security against losses caused by the injunction if the suit comes out in favor of other party and so requests must be planned to minimize the harm to prevent the court posting an excessive potential harm bond. Temporary restraining orders may also be needed because of the time necessary to get a hearing to consider the preliminary injunction.

Author: Conison, Jay
Publisher: American Bar Association
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 1993
Analysis

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Defeating requests for preliminary injunctive relief in franchise termination cases

Article Abstract:

Franchisors can take advantage of the preliminary injunction hearings that often precede litigation in wrongful termination of franchise rights claims to present their case to the court before litigation begins. Franchisors should anticipate litigation with every franchise termination, and prepare by carefully monitoring and documenting franchise performance, assessing early the risks of litigation, exhibiting good faith, preparing a chronology and being organized.

Author: Berkowitz, William N.
Publisher: American Bar Association
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 1995
Management

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Copyright and the franchise

Article Abstract:

Franchises can be both positively and negatively affected by copyright law, and should be aware of their situation in regards to it. Any original expression, be it in words, a design, image or piece of software, can be copyrighted. This provides the franchisor with a means of protecting original ideas, but also provides numerous liabilities for the franchisor who does recognize the scope of copyrights. Scenarios are discussed.

Author: Conison, Jay
Publisher: American Bar Association
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 1995
Laws, regulations and rules, Copyright, Copyrights, Intellectual property

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Subjects list: Cases, Franchises, Injunctions, United States
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