Courts differ over whether a franchisor's control over a franchisee creates an agency relationship that will lead to vicarious liability for tortious conduct

Article Abstract:

Franchisees risk inconsistency in their franchise systems or even abandonment of their trademarks unless they follow controls on the marks' use imposed by franchisors. Some rulings have, however, disregarded trademark law requirements and held franchisors vicariously responsible for their franchisees' negligence based on the imposition of these controls. The Oregon Court of Appeals dealt with the issue in Miller v. McDonalds Corp., denying a franchisor summary judgment and finding issues of fact in the franchisor's efforts to maintain a uniform system and its provision of detailed operating instructions to a franchisee.

United States, Franchises

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Retired major leaguers sue video game producer; lawsuit claims misappropriation, interference with publicity right, demands big-league payment

Article Abstract:

A group of retired baseball stars has filed a California suit for interference with the right of publicity and misappropriation of name and likeness. Newcombe v. Accolade Inc. concerns a computer game which players have to identify the likeness of a baseball star. Accolade paid Major League Baseball Properties $300,000 and 8% of gross sales for the names and likenesses of various current players and coaches, but approximately 260 former baseball star or the families of ones no longer alive were never contacted.

Publicity (Law), Right of publicity, California, Baseball players

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