All franchisors and distributors should be aware of a June 27, 2012, decision in which the United States District Court for the District of New Jersey reaffirmed the New Jersey Franchise Practices Act’s (“FPA”) strong policy of protecting the rights of franchisees and limiting a franchisor’s ability to terminate a franchise agreement without first providing 60 days written notice — even in the face of a franchisee’s felony conviction — so long as that conviction is not “directly related to the business conducted pursuant to the Franchise.” In International House of Pancakes, LLC, et al. v. Parsippany Pancake House Inc., Civil Action No. 12-03307 (WJM) (MF), the District Court denied International House of Pancakes’ (“IHOP”) request for a preliminary injunction enforcing IHOP’s termination of Defendant Parsippany Pancake House, Inc.’s (“Pancake House”) franchise and prohibiting Pancake House from continued use of IHOP’s logos and other marks. IHOP terminated the franchise, effective immediately, after learning that Pancake House’s president and majority owner pleaded guilty to the crime of endangering the welfare of a minor, and admitted during his plea hearing to having engaged in sexual conduct with a minor, a felony. IHOP ended Pancake House’s franchise based upon language in the franchise agreement providing for immediate termination if the franchisee is convicted a felony. Pancake House countered that the...
