OFA Royalties LLC v. Apne, No. 10 C 4237, Slip Op. (N.D. Ill. Jun. 17, 2011) (Dow, J.).
Judge Dow awarded plaintiffs (collectively "Quizno’s") their attorney’s fees of approximately $28k in this franchise and trademark case involving Quizno’s restaurants. The Court held that the parties’ franchise agreement required that a defaulting party pay the attorney’s fees of the other party. Because Quizno’s won its preliminary injunction motion and later won a final judgment against defendants, the agreement required that defendants pay Quizno’s attorney’s fees. And the Court awarded Quizno’s its full fees request because defendants did not contest Quizno’s motion for fees or its specific fees.