Injunction Relief in Lanham Act Cases Post-Herb Reed by C. Griffith Towle Spring 2016 – Motions for preliminary injunctive relief are routinely sought in cases involving claims for trademark infringement. For many years, once a moving party established a likelihood of success on the merits, irreparable harm was presumed and an injunction would usually be […]
Author: Griff Towle
Proving Irreparable Harm – Have The Standards Changed? – by co-author C. Griffith Towle
Proving Irreparable Harm – Have The Standards Changed? by C. Griffith Towle (co-author) October 2012 – Irreparable harm is the sine qua non of injunctive relief – a showing of a likelihood of irreparable harm in the absence of an injunction is a critical factor in the injunction analysis, without which a court will not […]
Fundamentals 201: Stop That Right Now – Preparing For, And Winning, Injunctions – by co-author C. Griffith Towle
Fundamentals 201: Stop That Right Now – Preparing For, And Winning, Injunctions by C. Griffith Towle (co-author) October 2010 – For both franchisees and franchisors, an injunction application is a valuable tool in expediting necessary relief to prevent a continuing harm or to maintain the status quo pending an ultimate decision on the merits. An […]
Incurable Defaults and “Good Cause” Requirements – by co-author C. Griffith Towle
Incurable Defaults and “Good Cause” Requirements by C. Griffith Towle (co-author) May 2010 – Many franchise agreements contain provisions allowing the franchisor to terminate the agreement without affording the franchisee an opportunity to cure. These sections are typically reserved for egregious breaches, and the commission of one of these breaches by the franchisee constitutes an […]
Unconscionability and Franchise Litigation – by co-author C. Griffith Towle
Unconscionability and Franchise Litigation by C. Griffith Towle (co-author) October 2006 – The doctrine of unconscionability appears to be in a state of flux, and it has yet to be determined what effect the recent California and Ninth Circuit cases will have on future decisions in those jurisdictions, and whether and how the impact of […]
Frequently Arising Issues In Litigation – Handling Defaults and Terminations Effectively and Lawfully – by co-author C. Griffith Towle
Frequently Arising Issues In Litigation – Handling Defaults and Terminations Effectively and Lawfully by C. Griffith Towle (co-author) May 2006 – Issuing a default or terminating a franchise are serious matters. From the franchisor’s perspective, it is essential that its franchisees comply with their responsibilities under the franchise agreement (e.g., paying royalties and the like) […]
Litigator’s Guide to Franchise Terminations – Settlement – by C. Griffith Towle
Litigator’s Guide to Franchise Terminations – Settlement by C. Griffith Towle October 2002 – For many clients, it is sometimes difficult to fully appreciate all of the benefits that come from settling a dispute instead of pursuing litigation. For a number of reasons, that seems to be particularly true in franchise terminations. The franchisor may […]
Keeping the Enforcers at Bay – Handling an FTC or State Franchise Investigation – by co-author C. Griffith Towle
Keeping the Enforcers at Bay – Handling an FTC or State Franchise Investigation by C. Griffith Towle (co-author) October 2001 – The process by which the Federal Trade Commission and comparable state authorities evaluate, commence and undertake an investigation of a franchisor’s alleged wrongdoing is the subject of much speculation and misperception. The purpose of […]
Some Approaches to Litigation Management – by C. Griffith Towle
Some Approaches to Litigation Management by C. Griffith Towle October 1999 – What is “litigation management?” Does the answer depend on whether you are the client, an in-house attorney or outside counsel? Or is it generally a function of the nature of the underlying case? Whether you are the client or outside counsel, and whether […]
Representing a Franchisor in Litigation with the FTC – by co-author C. Griffith Towle
Representing a Franchisor in Litigation with the FTC by C. Griffith Towle (co-author) Summer 1997 – The Federal Trade Commission (FTC) has the power to bring a lawsuit against a franchisor in the United States district courts. This article provides a brief overview of the law governing FTC enforcement actions, how the FTC may attempt […]
