Verified Matter

Fresh & Co Preliminary Injunction Against Former Franchisee

Preliminary injunction obtained prohibiting the defendants from operating the Yonkers location as a Fresh & Co restaurant, using Fresh & Co trade names, trademarks, service marks and trade dress, violating specified non-compete obligations, and using or disclosing Fresh & Co confidential information.

Jeffrey I. Carton of Denlea & Carton LLP represented Fresh Franchise LLC, franchisor of Fresh & Co restaurants, in an action against a terminated Yonkers franchisee and its principals. Fresh & Co alleged that the defendants continued operating under Fresh & Co branding after termination, using the company’s trademarks, trade dress, confidential information, and proprietary materials while violating post-termination obligations. Fresh & Co obtained a preliminary injunction barring continued operation as a Fresh & Co restaurant, use of Fresh & Co marks and trade dress, specified competing activity, and use or disclosure of confidential information.