Franchise Review - May 2012: Franchising in Quebec by Osler, Hoskin & Harcourt LLP on 5/18/2012 When venturing into Quebec it’s important to be familiar with the Québec Charter of French Language (the Charter), which establishes French as the official language of Quebec and governs use of the French language in a broad...more
Where’s the Beef? Virginia Circuit Court Allows Wendy’s to Claim Exception to Addback for Royalties Paid to Affiliate by Reed Smith on 4/18/2012 A new opportunity may exist for franchisors to claim an exception to Virginia’s royalty addback statute based on a recent Circuit Court decision. In Wendy's International Inc. v. Virginia Dep't of Taxation, decided March...more
Regulatory: The 3 criteria of an accidental franchise: An intended trademark license might legally be a franchise if it meets... by Kirton McConkie PC on 2/22/2012 Originally published in InsideCounsel on February 22, 2012. Companies that market their goods or services through independent distributors may be surprised to learn their distributorship arrangement is in fact a...more
Franchising - what can a franchisee do if things go wrong? by Jane Lambert on 2/6/2012 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
The franchise agreement: understanding what you are letting yourself in for. by Jane Lambert on 1/20/2012 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
10 STEPS TO MAINTAIN YOUR TRADEMARK (SERVICE MARK) - REGISTERED or NOT by Alexander Butterman on 1/1/2012 A TRADEMARK REGISTRATION CAN BE VALID INDEFINITELY PROVIDED THE FOLLOWING TEN (10) STEPS ARE TAKEN: 1 through 8: USE the mark (this cannot be emphasized enough); 9: ENFORCE exclusive rights to the mark; and 10: RENEW...more
Franchise Laws: What You Should Know Before Expanding Internationally By Susan Grueneberg and Joshua Schneiderman by Snell & Wilmer L.L.P. on 12/22/2011 Reprinted and/or posted with the permission of Daily Journal Corp. (2011). Much has been written about the phenomenon known as “inadvertent franchising” in the U.S. — a situation that arises when a company, acting...more
Cold Stone Creamery and Its Franchisees Take Joint Action Against Negative Publicity: A Behind-the-Scenes Look by Snell & Wilmer L.L.P. on 11/3/2011 Reprinted and/or posted with the permission of the American Bar Association, Fall 2011, Vol. 14, No. 4 A strong brand can be a franchise system’s most valuable asset. A strong brand may allow franchisors to maintain...more
Doggone Trade Secret Issues by Winthrop & Weinstine, P.A. on 9/28/2011 If you have a pup accustomed to gourmet dog treats from the Mall of America you might have an unhappy canine on your hands. Megamall kiosk owner, Chewzy Dogs, has filed suit after its franchisor and maker of its dog treats...more
When You're A Jet You're A Jet All The Way ... Unless You Eventually Become A Coyote Or Start Out As A Thrasher by Winthrop & Weinstine, P.A. on 9/8/2011 For those of you following professional sports generally, and hockey in particular, you now know that Winnipeg has a new NHL team called the Winnipeg Jets. The “new” Jets recently unveiled their updated logo which you can see...more
TGS-NOPEC Victory in Franchise Tax Case has Broad Implications for Texas Businesses by Jackson Walker on 6/7/2011 On May 27, 2011, The Texas Supreme Court found in favor of TGS-NOPEC Geophysical Company in a dispute involving how TGS' receipts from the licensing of its geophysical data should be apportioned for Texas franchise tax...more
Gavel to Gavel: Control Freaks By Rachel Blue by McAfee & Taft on 4/18/2011 Article originally published in The Journal Record - April 14, 2011. Sharing a business idea can mean increasing its value for its owner, building the brand and generating revenue in more than one location. Let's say...more
The A.R.T. of Franchising: Advice - Reminders - Tips by Jackson Walker on 4/7/2011 Dear Franchisor, Welcome to the Jackson Walker’s ART of Franchising newsletter. As always, our intention is to provide you with timely and easy-to-read franchise advice, reminders and tips, so that, as industry leaders,...more
Trademarks: 9th Circuit Identifies A New Set Of Four Factors For Adwords/Keyword-Advertising Disputes by Douglas Lytle on 3/15/2011 On March 8, 2011, the 9th Circuit issued its opinion in Network Automation v. Advanced Sys. Concepts, --- F.3d ---, 2011 WL 815806 (9thC ir. 2011), addressing whether Network’s keyword advertising through Bing and Google...more
Trade Marks Shapes More on Protecting Business Names etc by Steven Dukeson on 3/13/2011 Shapes, smells and sounds can be registered as trade marks as well as words and logos. Business proprietors need to thnk carefully about protecting their intellectual property in times where electronic communcications and low...more