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Please read the Case study and elaborate the answers with at least 200 words for the below questions 1. What social or cultural factors affected
Please read the Case study and elaborate the answers with at least 200 words for the below questions
1. What social or cultural factors affected McDonald's marketing in Paris?
2. How could McDonald's have exercised greater control over its franchisee?
3. What types of products and/or services are most suitable for foreign licensing?
Case 9-1 Dayan V. McDonald's Corp.com 466 N.E. 2d 958 (1984) BACKGROUNDS AND FACTS Dayan, the plaintiff, received an exclusive franchise to operate McDonald's restaurants in Paris in 1971. The franchise agreement required that the franchise should meet all quality, service, and cleanliness (QSC) standards set by McDonald's. And the franchise agreement stated the rational for maintaining QSC standards was that: a departure of restaurants anywhere in the world from these standards impedes the successful operation of restaurants throughout the world, and injures the value of McDonald's patents, trademarks and property. Dayan agreed to maintain these standards and also agreed not to vary from QSC standards without prior written approval. After several years of QSC standards violations by Dayan, McDonald's sought to terminate the franchise and Dayan brought this action to enjoin the termination. The lower court found that good cause existed for the termination and Dayan appealed. BUCKLEY, PRESIDING JUSTICE Dayan argues that McDonald's was obliged to provide him with the operational assistance necessary to enable him to meet the QSC standards. He verbally asked Sollars (a McDonald's manager) for a French-speaking operations person to work in Paris for 6 months. Sollars testified that he told Dayan it would be difficult to find someone with such appropriate background but that McDonald's could immediately send him an English-speaking operations man. The idea was summarily rejected by Dayan as unworkable even though Sollars had informed Dayan that sending operations person who did not speak the language to a foreign country was very common and very successful in McDonald's international system. Nonetheless, Sollars agreed to attempt to locate a qualified person as requested by Dayan. Through Sollars' efforts, Dayan was put in contact with Michael Maycock, an operations person speaking French. Dayan testified that he hired Michael Maycock sometime in October 1977 and palced him in charge of the training, quality control and equipments. As the trial court correctly realized: it does not take a McDonald's- trained French-speaking operations person to know that grease dripping from the vents must be stopped and not merely collected in a cup hung from the ceiling, that dogs are not permitted to defecate where food is stored, that insecticide is not blended with chicken breading; that past- dated products should be discarded. The finding that Dayan refused non-French-speaking operational assistance and that McDonald's fulfilled Dayan's limited request for a French-speaking operational employee is well supported by the record. Accordingly, we find McDonald's fulfilled its contractual obligation to provide a requested operational assistance to Dayan. Hot In view of the foregoing reasons, the judgment of the trial court denying plaintiff's request for a permanent injunction and McDonald's properly terminated the franchise agreement is affirmed. DECISION Judgment was affirmed for McDonald's. McDonald's had fulfilled all of its responsibility under the agreement to assist the plaintiff in complying with the provisions of the license. The plaintiff had violated the provisions of the agreement by not complying with the QSC standards. The plaintiff is permitted to continue operation of his restaurants, but without use of McDonald's trademarks or name. 1. What social or cultural factors affected McDonald's marketing in Paris 2. How could McDonald's have exercised greater control over its franchisee? 3. What types of products and/or services are most suitable for foreign licensing
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