Question: A restaurant chain called Super Clean Restaurants allows a restaurant, formerly known as Dirt Dan's to use the Super Clean Restaurant name, logo and menu.

A restaurant chain called Super Clean Restaurants allows a restaurant, formerly known as Dirt Dan's to use the Super Clean Restaurant name, logo and menu. The newly named restaurant is now called DD'S Super Clean Restaurant ("DD's Restaurant). DD's Restaurant is owned and operated by Dirty Dan and Dirty Dan has just paid a fee to Super Clean Restaurants' to use its name and logo. While Super Clean Restaurants does provide some optional training to DD'S Restaurant personnel, Super Clean Restaurants does not exercise sufficient control to make DD's Super Clean Restaurant an "employee"/agent. One day, Olive Charlie and Dexter (OC &D) go to eat at DD's Restaurant, reasonably believing that it is owned and operated by Super Clean Restaurants. Unfortunately, Dirty Dan's staff doesn't really follow proper food sanitation procedures, and OC &D all get food poisoning. OC & D sue Super Clean Restaurants. Are they likely to be successful

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