My Pie International, Inc., Cross-Appellant v. Debould, Inc., Dowmont, Inc., Arnold Germain and Judith Germain, Cross-Appellees

While I concur in the majority’s affirmance of the district court’s judgment on the trademark infringement and trade secrets issues, I respectfully dissent from the majority’s conclusion that defendants are entitled to rescind their contracts and that Debould is entitled to prevail on its counterclaim by virtue of the Illinois Franchise Disclosure Act, Ill.Rev.Stat. ch. 121½, §§ 701-40 (1981).

Facts

In the latter part of 1974 and early 1975, two sophisticated businessmen, Germain and Beadle, became interested in opening a My Pie restaurant and scouted potential locations in the western suburbs…