ORLANDO – Hamburger chain BurgerFi sued a franchisee that operates six of its restaurants in the Orlando area, claiming it stopped making contractually required payments last year.
Plaintiffs BurgerFi Franchise LLC, or BFF, and BurgerFi Company, or BFC, based in Michigan, filed their lawsuit last month in U.S. District Court for the Central District of Florida, Orlando Division.
BurgerFi restaurants are considered “fast casual,” specializing in all-natural Angus burgers, hot dogs, fresh-cut friends, craft beers, wines, and frozen custard products.
The restaurants have a “distinctive” aesthetic, the complaint notes, featuring an open kitchen and “contemporary, earth-friendly design” with walls made from sustainably-sourced wood and energy-efficient Edison light bulbs hung from meat hooks.
BurgerFi is suing defendants Orlando Burgers LLC and CG2 Ventures LLC, both based in Snellville, Georgia, and AFI Enterprises LLC, based in Windermere, Florida, for termination of all franchise agreements, service mark infringement, unfair competition, and breach of contract.
“BFF and BFC, the owner of the BurgerFi marks, bring this action to enforce its rights to the marks as well as the post-termination obligations of the franchise agreements,” the filing states.
CG2 and AFI, together, have been the “100 percent owner” of OBL, BurgerFi noted in its 29-page complaint.
OBL operated six locations, with each location governed by separate franchise agreements, including: Lake Mary, Altamonte Springs, Winter Garden, Winter Park, Orlando, and Windermere.
According to the complaint, the defendants ceased making contractually required payments, including royalties and brand development fees, to BurgerFi in 2025.
“OBL shut down its ACH authorization, in breach of all the Franchise Agreements, which blocked BFF from its ability to draw the required fees from OBL’s accounts,” the filing states.
BurgerFi claims it sent three notices of default in accordance with the provisions of the franchise agreements between the parties.
The first was sent Nov. 22, 2025, and requested $42,456.03 in fees be paid. The second was sent Dec. 9, 2025, and requested $49,082.45 in fees. The third and final notice was sent Dec. 19, 2025, and requested $70,211.92 in fees.
“When the franchisee failed to cure any of the defaults, BFF terminated the franchise agreements in accordance with their terms,” the complaint states, with a notice of termination sent Jan. 28, 2026.
“The franchisee, however, is continuing to operate its restaurants as before, using the BurgerFi name and service marks, as well as the BurgerFi operating system and confidential information.”
BurgerFi seeks a declaration that the franchise agreements have been lawfully terminated, and damages no less than $136,719.10 for past-due payments, plus in excess of $1 million for liquidated damages.
It also wants the defendants enjoined from using its marks or system, and to turn over all confidential recipes, records, or files.
In addition, BurgerFi seeks an award of the defendants’ profits, treble damages, and attorney fees.
Haber Law LLP in Miami and Plave Koch PLC in Falls Church, Virginia, are representing BurgerFi in the action.
