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Log In / Register | Dec 14, 2017

Wine & Canvas to Pay Franchisees Attorney Fees for Forcing Undue Litigation

INDIANAPOLIS - A federal court in Indiana ruled in favor of franchisees, ordering Wine & Canvas to pay $175,882.68 in attorney fees. The judge determined that the franchisor admittedly sued the franchisees just so they would incur excessive legal fees in fighting against the company's failed trademark infringement claims and be forced to close their businesses.

Broad Arbitration Clause Barrier To Lanham Act Claim

An agreement to arbitrate in India means that the franchisor may not bring a lawsuit in New Jersey for trademark infringement against a terminated master franchisee.

Smashburger Mysterious Trademark Settlement

Smashburger refreshment cup
A Dairy Cheer "Home of the Smashburger" refreshment cup in Pikeville, Ky.

LEXINGTON, Ky. – Icon Burger executives began using the trade name “Smashburger” in 2007, knowing it had belonged for over fifty years to Dairy Cheer in Kentucky. Not until Icon was ready to put a store in Lexington, did they think there was a trademark conflict.

The Real Story of Smashburger

"Home of the Smashburger" in Eastern Kentucky
"Home of the Smashburger" restaurants invented in Kentucky 50 years ago.

PIKEVILLE, Ky. — Smashburger’s origin dates back over fifty years ago in Ashland, Kentucky, located in the Appalachian Mountains.

Ronald McDonald, a Nazi in Thailand

Heil Hamburger? Thailand's new fashion craze is outraging tourists.