Removing franchisee signage
I am a Franchisor, and one of my Franchisees was recently sent a letter to cease and desist doing busniess under our name. He violated his franchise agreement, and has been terminated. However, after 6 months, he has been continuing to use my trademark and company name. He is refusing to remove the sign outside of his store, which bears our company name and trademarked logo. If I were to hire a sign company to take it down, is that legal? Or must I get a court order?
Re: Removing franchisee signage
I would say it is very unlikely that your franchise agreement gives you the right to unilaterally remove the sign, but you need to carefully review what rights you do have under that agreement.
If the franchise agreement does not spell out clearly that you have the right to use self-help to remove the sign, then the only way you can remove the sign without the ex-franchisee's consent is to get a court order.
One alternative, if the property where the sign is located is leased to the ex-franchisee, is to send a Cease and Desist order to the landlord. If he has the right to remove the infringing sign and fails to do so, he may also be liable to you for trademark infringement. He may have more legal rights to control the premises in his lease than you have in your franchise agreement.
Re: Removing franchisee signage
I would say it is very unlikely that your franchise agreement gives you the right to unilaterally remove the sign, but you need to carefully review what rights you do have under that agreement.
If the franchise agreement does not spell out clearly that you have the right to use self-help to remove the sign, then the only way you can remove the sign without the ex-franchisee's consent is to get a court order.
One alternative, if the property where the sign is located is leased to the ex-franchisee, is to send a Cease and Desist order to the landlord. If he has the right to remove the infringing sign and fails to do so, he may also be liable to you for trademark infringement. He may have more legal rights to control the premises in his lease than you have in your franchise agreement.
Re: Removing franchisee signage
I would say it is very unlikely that your franchise agreement gives you the right to unilaterally remove the sign, but you need to carefully review what rights you do have under that agreement.
If the franchise agreement does not spell out clearly that you have the right to use self-help to remove the sign, then the only way you can remove the sign without the ex-franchisee's consent is to get a court order.
One alternative, if the property where the sign is located is leased to the ex-franchisee, is to send a Cease and Desist order to the landlord. If he has the right to remove the infringing sign and fails to do so, he may also be liable to you for trademark infringement. He may have more legal rights to control the premises in his lease than you have in your franchise agreement.
Re: Removing franchisee signage
I would say it is very unlikely that your franchise agreement gives you the right to unilaterally remove the sign, but you need to carefully review what rights you do have under that agreement.
If the franchise agreement does not spell out clearly that you have the right to use self-help to remove the sign, then the only way you can remove the sign without the ex-franchisee's consent is to get a court order.
One alternative, if the property where the sign is located is leased to the ex-franchisee, is to send a Cease and Desist order to the landlord. If he has the right to remove the infringing sign and fails to do so, he may also be liable to you for trademark infringement. He may have more legal rights to control the premises in his lease than you have in your franchise agreement.
