Breach of Fiduciary Duty Paper

Description

Case: Ramada Inns, Inc. (Ramada Inns) is a franchisor that licenses franchisees to operate motor hotels using the Ramada Inns trademarks and service marks. The Gadsden Motel Company (Gadsden), a partnership, purchased a motel in Attalla, Alabama, and entered into a franchise agreement with Ramada Inns to operate it as a Ramada Inns motor hotel.

Issue: Ramada Inns terminated the franchise agreement, citing quality deficiencies and Gadsdenàfailure to pay past-due franchise fees. Gadsden continued using Ramada Inns signage, trademarks, and service marks inside and outside the motel. Ramada Inns sued Gadsden for trademark infringement.

Critical Legal Thinking Question: Who wins?

Ramada Inns, Inc. v. Gadsden Motel Company, 804 F.2d 1562, 1986 U.S. App. Lexis 342

The last couple weeks of your text introduced you to the laws relevant to LLCs and corporations. Research either news articles or case opinions to find a case that has been decided in your state court system. The case must involve an LLC or corporation and must address an issue related to one of the following topics: formation; liability of members; fiduciary duties of members and managers; or dissolution and termination of the entity.

Post about your case on the Discussion Board. Your post should include:

Dialogue Subject: Change the subject line in the post the Case name, do not leave it as “Research Assignment”
a full article/case attachment or working link to the article/case
a short paragraph that includes
parties involved
What facts led to the court case?
what was the issue that was brought before the court?
How did the court decide and why?
Any other thoughts or opinions that you believe are relevant to share

PLEASE CITE

CHAPTER 40

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