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Court Watch

By Cynthia M. Klaus
February 28, 2012

Distributor Not a Franchisee Under Connecticut Franchise Act

In Echo, Inc. v. Timberland Machines & Irrigation, Inc., 661 F.3d 959 (7th Cir. Oct. 25, 2011), the Seventh Circuit held that a supplier and distributor did not have a franchise relationship where less than 50% of the distributor's sales resulted from the supplier's products. The case arose out of the termination of the relationship between a distributor, Timberland Machines & Irrigation, Inc. (“TMI”), and a supplier, Echo, Inc. The parties entered into a distributor agreement in 2004, under which TMI distributed outdoor power equipment supplied by Echo in a territory covering several states in New England. On Oct. 21, 2008, Echo gave TMI written notice of its intent to terminate the distributor agreement in 60 days. After the notice period, Echo terminated the distributor agreement and gave the territory to another distributor.

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