Author Archives: Bryan Couch

Bryan Couch

About: Bryan Couch

Bryan focuses his practice on complex commercial disputes, trademark litigation, business torts, and casualty claims. Bryan currently manages a large volume of litigation associated with franchise, license, and management agreements, including trademark claims and the full gauntlet of relationship, competition, and enforcement issues. He has represented national and international franchisors, several Fortune 100 companies, and some of the largest hospitality companies in the world.

Rulings Pose Obstacles to Franchisors Seeking to Stop Wrongful Trademark Use

A series of recent Circuit Court decisions has made it more difficult for a franchisor to enjoin a former franchisee from using the franchisor’s federally registered trademarks after the franchise agreement has been terminated. I recently authored an article for the New Jersey Lawyer entitled, “Will New Court Rulings Make it Harder for Franchisors to Rescue a Hostage Trademark?“, discussing the impact of these decisions. Since its publication, I have received a number of comments from practitioners in the area, most of whom represent franchisors. All are completely frustrated with the new hurdles imposed by these decisions on efforts to obtain …