What specific amounts of damages did Browns Chicken seek in the case against JOLI, INC.?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
ntered on April 27, 2016.
Brown's Chicken, LLC v. JOLI, INC., LIFE A.B., LLC, JUST TONI's, Toni Portilllo, and Joan Portillo, Circuit Court of the 18th Judicial Circuit, Illinois, Case No. 2011 CH002196, filed on May 6, 2011. This is an action brought by the Franchisor against a former Franchisee, including two principals of BCP, the predecessor to the Franchisor. The action is based on conduct by the Defendants in connection with a certain former Brown's restaurant located in Joliet, Illinois, both prior to and subsequent to expiration of the Franchise Agreement for said restaurant. Franchisor alleges that the Defendants: (a) breached the Franchise Agreement by failing and refusing to pay past due royalties and Advertising Fund fees; (b) committed trademark infringement by continuing to use Franchisor's Marks, trade dress, advertising, and phone number; and (c) violated the covenant not to compete. Franchisor seeks damages in the amount of $24,102.30 plus interest and costs of collection, and injunctive relief prohibiting Defendants from misusing Franchisor's Marks, and an injunction to enforce the covenant not to compete. The case had been pending the outcome in the Adversary Case pending in bankruptcy court, Popgrip, LLC v. BROWN'S CHICKEN & PASTA, INC. and HOWARD KORENTHAL, not individually but solely as Liquidating Trustee of Brown's Chicken and Pasta, Inc., JOLI, INC., LIFE A.B., LLC., and JUST TONI'S, Case No. 11-2395. This case was settled as part of the Global Settlement Agreement described above in the case between Joan Portillo v. Bonnie Kennefick and Brown's Chicken, LLC.
Brown's Chicken, LLC v. FORTY ONE, INC. and JOAN PORTILLO, Circuit Court of the 18th Judicial Circuit, Illinois, Case No. 2014 AR 000939, filed on June 10, 2014. This is an action brought by the Franchisor against a former Franchisee, including one principal of BCP, the predecessor to the Franchisor.
Source: Item 3 — LITIGATION (FDD pages 10–11)
What This Means (2025 FDD)
According to Browns Chicken's 2025 Franchise Disclosure Document, in a case filed on May 6, 2011, against JOLI, INC., LIFE A.B., LLC, JUST TONI's, Toni Portilllo, and Joan Portillo, Browns Chicken sought $24,102.30 in damages, plus interest and costs of collection. The lawsuit, filed in the Circuit Court of the 18th Judicial Circuit, Illinois, also sought injunctive relief to prevent the misuse of Browns Chicken's marks and to enforce a covenant not to compete. The case was related to a former Browns Chicken restaurant in Joliet, Illinois, and involved allegations of breach of the Franchise Agreement, trademark infringement, and violation of the covenant not to compete.
The document indicates that the case was settled as part of a Global Settlement Agreement, which also involved other related cases. The settlement terms themselves are confidential and cannot be disclosed. A Notice of Satisfaction of Judgment for all three cases was entered on April 27, 2016, indicating that the judgment was satisfied.
Prospective franchisees should note that litigation is a common occurrence in franchising, often involving disputes over royalties, advertising fees, trademark usage, and non-compete agreements. While the specific details of the settlement are not available, the fact that Browns Chicken pursued legal action to protect its brand and enforce its agreements could be seen as a positive sign. However, it is important for potential franchisees to understand the types of disputes that can arise and to carefully review the franchise agreement to understand their rights and obligations.