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Highlights of the latest franchising cases from around the country.
In this exclusive interview with International Franchise Association (IFA) chairman Steve Siegel, Associate Editor Kevin Adler, asks about policy priorities for 2003, and other legislative and regulatory developments that affect the franchise industry.
The recently enacted South Korean Act on Fairness in Franchise Transactions (AFFT) went into effect on Nov. 1, 2002. According to the Korean government, the purpose of the AFFT is to establish 'fairness in franchise transactions and promote balanced and mutually complementary development on even terms between a franchisor and a franchisee for purposes of advancement of consumer welfare and a sound national economy.'
When the relationship between a franchisor and a franchisee breaks down, one might think the standard measure of damages is just the lost franchise fees. However, just as a simple failure to perform is not the only type of wrong suffered by franchisors, unpaid fees are not the only types of damages available. This article examines a number of cases in which the franchisor's claims — and claimed damages — were outside the ordinary.
The California Supreme Court has held that the First Amendment protected D.C. Comics against a right of publicity claim brought by Johnny and Edgar Winter, well-known musicians from Texas, based on a series of comic books that incorporated the Winter brothers as characters, albeit transformed into the 'Autumn Brothers' as villainous half-worms.
Disputes arising out of 'pay-or-play' deals between film producers and talent are among the most fertile and reliable breeding grounds for litigation in the entertainment industry.
Features
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Features
With the increase in 'Survivor'-type reality TV shows ' and competition between program producers ' has come the need for greater protection of production secrets. Applicants and contestants for such reality programs are often asked to sign confidentiality agreements to prevent trade secrets from being divulged. But how binding is a confidentiality agreement if a contestant accuses a producer of manipulating a reality show's outcome?