FRANCHISE/DEALER/DISTRIBUTOR LITIGATION

We handle a variety of franchise and distribution matters, including litigation before federal and state courts, obtaining or blocking preliminary and permanent injunctions, unfair trade practice and antitrust litigation, litigation involving state dealership protection statutes and copyright and trademark infringement litigation.

O'Rourke has experience representing franchisors, master franchisees, and manufacturers from many industries in disputes involving franchisees, dealers, distributors and sales representatives throughout the United States. We are familiar with the state and federal statutes that govern these relationships, and the subtle differences between jurisdictions that can trap the unwary. 

Our experience includes:

  • Termination disputes and counseling

  • Contract and compliance disputes

  • Encroachment disputes

  • Commission disputes

  • Protecting trademarks, service marks, and trade dress

  • De-branding litigation

  • Enforcing non-compete and trade secret agreements

  • Antitrust and product pricing disputes

  • Class and collective actions

  • Temporary restraining orders and preliminary injunctions

  • Enforcing agreements to arbitrate and confirming arbitration awards

  • Labor and employment disputes

  • Tort litigation including personal injury, vicarious liability, intentional torts, libel and slander (including social media issues)

  • Product liability and product warranty disputes

  • Insolvency and collection issues

Our experience includes the many special industry statutes that apply to alcoholic beverage, automobile, power equipment, farm equipment and other dealers, as well as the statutes that protect commissioned sales representatives.