In this episode I explain the unfolding drama pertaining to the notoriously unreliable ice cream machines at McDonald's restaurants and the lawsuit recently filed by Kytch, a company that developed technology aimed at solving these ice cream problems.

LINKS:

The Wired article: https://www.wired.com/story/they-hacked-mcdonalds-ice-cream-makers-started-cold-war/?fbclid=IwAR25i2srFysSg5sDHMSOuatD_rmWdLAJmKVziEz2pySRa1y0f0wjuwSDWDY

An applicable Techdirt article: https://www.techdirt.com/articles/20210420/19062946646/captive-markets-are-just-hostages-why-your-mcdonalds-never-seems-to-have-functioning-shake-machine.shtml

An applicable Eat This, Not That article: https://www.eatthis.com/news-mcdonalds-soft-serve-machines/

From MSN: <https://www.msn.com/en-us/money/other/theres-new-legal-drama-around-mcdonalds-soft-serve-machines/ar-BB1fZVi4>

Episode 1 of the Security Ledger podcast with Kytch co-founder, Jeremy O'Sullivan: https://securityledger.com/2021/05/episode-215-1-jeremy-osullivan-of-kytch-on-the-tech-serving-mcdonalds-ice-cream-monopoly/

Episode 2 of the Security Ledger podcast with Kytch co-founder, Jeremy O'Sullivan: https://securityledger.com/2021/06/episode-215-2-leave-the-gun-take-the-mcflurry/

Kytch's lawsuit: https://securityledger.com/wp-content/uploads/2021/06/20210510-complaint-kytch-v-tyler-gamble-tfgroup-llc-and-taylor-company.pdf

Kytch's home page: https://kytch.com/landing

Kytch's terms of service: https://kytch.com/tos

McDonald's master franchise agreement available on SEC.gov: https://www.sec.gov/Archives/edgar/data/1508478/000119312511077213/dex101.htm

Wikipedia article on Taylor: https://en.wikipedia.org/wiki/Taylor_Company

TIMESTAMPS:

00:00 — Unreliable McDonald's Ice Cream Machine Lawsuit

00:08 — Intro

00:32 — Recent misappropriation of trade secret lawsuit related to unreliable McDonald's ice cream machines, and the company that tried to fix the problem

01:30 — Outline of the episode

01:45 — Factual background - a listener asked about this issue after listening to the misappropriation of trade secrets Keith Law, PLLC Podcast episode.

02:35 — Factual context for the lawsuit

06:05 — The "tangled web of contracts" in this situation

06:49 — The agreements between McDonald's and Taylor

08:38 — The McDonald's Master Franchise Agreement with its franchisees

09:59 — The Kytch contract with McDonald's franchisees using Kytch technology

10:52 — Kytch's lawsuit

11:20 — Breach of contract, the cause of action elements and allegations

12:13 — Tortious interference with contract, the cause of action elements and allegations

13:32 — Misappropriation of trade secrets, and the and allegations

14:35 — The court's docket for this lawsuit

15:10 — I'm looking forward to seeing the answers to the complaint

15:25 — McDonald's has not been made a party to the lawsuit, and speculation as to why

16:00 — Let me know if you're interested in my digging deeper into this situation

16:55 — How NDAs and confidentiality agreements work in practice

18:00 — Thank you for listening and letting me know your questions

18:30 — Outro

Disclaimer: This audio and blog post are for informational purposes only and should not be misinterpreted as legal or other professional advice. If you have a legal question, you should consult with an attorney in your jurisdiction. Thank you for tuning in to Keith Law, PLLC.