Black’s Law Dictionary 7 th edition 1999 defines Franchise as, “the sole right granted by the owner of a trademark or trade name to engage in business or to sell a good or service in certain area.”
Definition by International Franchise Association “ A franchise operation is a contractual relationship between the franchisor and franchisee in which the franchisor offers or is obliged to maintain a continuing interest in the business of the franchisee in such areas as know-how and training; wherein the franchisee operates under a common trade name, format and/or procedure owned or controlled by the franchisor, and in which the franchisee has or will make a substantial capital investment in his business from his own resources.” - Definition by International Franchise Association
Defendants 1 & 2, were ex-employees of FIL & had access to confidential & detailed info. about “Turbostop” (T), a patented product of FIL;
FIL bound them with contractual obligation of non-use of confidential info. acquired in course of employment & by a non-compete obligation;
Defendant 3, a contractor of FIL had access to confidential info. about T & was bound by a confidentiality & non-compete contract. All 3 violated contractual obligations. Court granted order of temporary injunction against them.
A class action lawsuit brought against Mac by group of hindus, vegetarians & kosher observers from USA.
During 1990, Mac advised its vegetarian customers that its “French Fries” contained no meat but in 1997, shortly after Wendy’s was sued for allegedly misrepresenting its food as veg., Mac reversed its stance & began advising public that its fries actually contained a beef product: “beef tallow”.
The court ordered Mac to pay damages of 10 Million US$ and was also asked to issue an apology.