EB Rumble Franchising, LLC v. Three South Tampa LLC
A fitness franchisor sought a preliminary injunction after its Tampa franchisees abandoned two Rumble studios, launched a competing boutique gym (Temper) at the same locations, solicited former Rumble members using Rumble's member-management system, and continued displaying Rumble marks and online affiliations. The court found a substantial likelihood of success on the Lanham Act, Florida breach-of-contract (restrictive covenants and posttermination obligations), and tortious-interference claims, but not on the civil-conspiracy claim, and granted the injunction in part.
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Key facts
- EB Rumble Franchising, LLC, a fitness franchisor, sought a preliminary injunction against Three South Tampa LLC and its cofounders after the franchisees abandoned two Rumble studios in Tampa.
- The franchisees launched a competing boutique gym called Temper at the same locations, solicited former Rumble members using Rumble's member-management system, and continued displaying Rumble marks and online affiliations.
- +2 more key facts with a free trial
Why it matters
The order is a useful template for franchisors and employers enforcing Florida restrictive covenants: it upholds a broadly worded industry-wide noncompete under § 542.335 where the geographic and temporal limits are… — full analysis with a trial
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