ALERTS: DISTRIBUTION - FRANCHISE AGREEMENT - INTELLECTUAL PROPERTY

Franchise: The Douai Court of Appeals decides that the sale of business assets by the franchisor without the consent of the franchisee automatically ends the franchise agreement (Ecodis / Pizza City)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. A franchisor, operating a restaurant and take-away pizza network, informs a franchisee of his decision to sell his business. Despite the franchisee's express opposition, the business is sold and the transferee franchisor questions the recalcitrant franchisee as to whether it wishes to continue the relationship. Without replying, the franchisee continues to operate the business and is sued by the new franchisor for trademark infringement. In his defence, he argued that as his franchise agreement was ongoing, since he had objected to the transfer as he had had the opportunity to do, he could not be accused of any act of infringement. It is true that if the

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Aymeric Louvet, Franchise: The Douai Court of Appeals decides that the sale of business assets by the franchisor without the consent of the franchisee automatically ends the franchise agreement (Ecodis / Pizza City), 30 August 2018, Concurrences N° 4-2018, Art. N° 88507, www.concurrences.com

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