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FRANCHISING PRIMER -
I. INTRODUCTION -
A. In General Franchising is a method of distribution that combines the advantages of a central specialized system with the capital and micro-management of local independent...more
Originally published in Nevada Business Magazine on 1/1/2013.
Are you operating a franchise system without realizing it? If you are licensing to others the right to use your trademark for a fee, the answer could be yes....more
In This Issue:
- Franchisor 101: FTC Updates Definition of "Exclusive Territory"
- Franchisee 101: No Franchise If You Don't Pay A Fee
- Barry Kurtz Honored As 2013 Super Lawyer
What is the current state of Canadian law regarding pricing practices between franchisors and franchisees?
While the practice of price maintenance has been reduced from a criminal offence to a reviewable practice under...more
The Federal Trade Commission has expanded the definition of a “business opportunity” to include work-at-home opportunities in a new Business Opportunity Rule that also simplifies the required disclosures to one page plus...more
In a sweeping decision with significant implications for franchise and other vertical distribution arrangements, the Ontario Superior Court of Justice has dismissed a $2 billion franchise and competition class action against...more
The antitrust laws sometimes forbid product “tying.” A tying arrangement is an agreement by a party to sell one product on the condition that the buyer also purchases a different (or tied) product. In the...more
Following on from my article on the franchise agreement I consider what a franchisee can do if his franchise fails despite his or her best efforts.
The franchise agreement is likely to contain a term that enables the...more
If you take a franchise you will be asked to sign a contract which will be at least 30 pages long. This contract will have been drafted by the franchisor's lawyers and it will look after the franchisor's interests and not...more
Partner v. ExxonMobil Oil Corp., 08-1590 (6th Cir. May 4, 2009)
In 2000, plaintiff Partner & Partner, Inc. entered into a lease/franchise agreement with ExxonMobil to operate a Mobil-branded gasoline station. The lease...more
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