Legal Question in Business Law in Utah

I have a La Puente Mexican Restaurant franchise I purchased 1 year ago that exists in a 10 mile territory. There are several franchised restaurants in Utah. Recently 2 franchise owners broke from the La Puente franchise and have created a restaurant called La Fuente. They have opened a restaurant in my territory and are in a location/ building that I was declined to use since this space is too close to another restaurant. La Puente has a 5 mile requirement in how close each restaurant can be. The Franchise owner of La Puente has filed a cease and assist on them using La Fuente. I feel they are operating a business in my territory and capitalizing on my business name and earning my market share. Do I have any legal recourse?


Asked on 4/06/12, 9:52 am

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

You can join in the lawsuit with the franchisor for infringement on the name.

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Answered on 4/06/12, 2:39 pm
Alvin Lundgren Alvin R. Lundgren, L.C.

You can also sue the La Fuente restaurant for infringement on your name as well as infringement in your territory. You sue for their profit and the loss of your business. You should also sue to get a restraining order so they cannot continue in business using the La Fuente name.

You may call for a free consultation.

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Answered on 5/03/12, 8:59 pm


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