Assistance in litigation against former franchisees of gym franchise networks (2024)
We assisted a client, based in Switzerland, in three separate disputes involving former and current franchisees of its franchise network, in the gym industry.
The client approached our firm asking us to replace a previous lawyer in two ongoing disputes and to initiate a new dispute against a former franchisee. In summary, our assistance included:
- preparing the preliminary investigation and defense briefs in relation to a dispute before the Court of Milan, concerning the termination of a franchising agreement for breach of contract;
- preparing an arbitration request relating to a dispute alleging unfair competition against a franchisee;
- preparing an urgent precautionary appeal pursuant to Article 700 of the Italian Code of Civil Procedure against a former franchisee before the Court of Milan, concerning the cessation of use of a trademark similar to the client’s (trademark counterfeiting).
The disputes were quite complex and were all solved favorably for the Client.
The Client, based on its experience with these disputes, instructed us to make some appropriate changes to the franchising contract template used in the network, in order to effectively prevent and/or resolve future disputes.
We then revised the client’s franchising agreement, in cooperation with the client and its legal team, and made some relevant changes and amendments, according to Italian franchise law, Italian general commercial law and Italian practice.
If you wish more info on this case, or for any information about our services, please CONTACT US.
Avv. Valerio Pandolfini
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