We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close
Focus On
NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

More onus on Quebec franchisors to protect brand

Thursday, November 10, 2016 @ 7:00 PM | By Jean-Philippe Turgeon

The success of a franchisor-franchisee relationship relies heavily on the support and assistance the former provides to the latter. However, the franchise agreement rarely compels a franchisor to take specific measures to protect the integrity of the brand nor to undertake corrective actions to deal with delinquent franchisees or to otherwise police the franchise system.

The U.S. duty for a franchisor to police trademarks’ use and system standards is provided in the Lanham Act, 15 U.S.C. § 1064(5)(A) (2015)) and in Cullen v. BMW of North...