Terminating long-term distribution agreements; the court’s approach to injunctions to prevent termination
The termination of a long-term distributor or licensing agreement is a serious step for any distributer or supplier. When termination is not by agreement, the terminated party may consider seeking an injunction to continue the contract for a period while the court considers the issues between the parties.
The injunction is intended to preserve the supply of a product where a party relies on the terminated contract to service/supply its own customers and cannot source an equivalent product; where customers are forced to go to another supplier, the terminated party could lose its market share entirely and its business may be destroyed.
The claimant licensee and defendant licensor entered a licensing agreement for the provision of an internet-based service for buying and selling goods in October 2005. In June 2013, the licensor gave the licensee notice that it was terminating the agreement in accordance with its termination clause. The licensee rejected the licensor’s entitlement to terminate making a request for arbitration and applying for an injunction to restrain the termination…
Click on the link below to read the rest of the Eversheds briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Eversheds
News from The Lawyer
Briefings from Eversheds
The regulation applies caps on the interchange fees charged by cardholders’ banks to merchants’ banks every time a consumer makes a card-based purchase.
In the e-commerce sector it is believed that companies who engage in selling via the internet may be employing methods to restrict online trade.
Analysis from The Lawyer
Eversheds is no stranger to an international tie-up but now it’s in the market for the jewel in its global crown
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all