Intellectual Property Franchise

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Franchising Update - February 2014

To begin 2014, we remind franchisors of the Government's response to the changes to the Franchising Code recommended last year. On 6 January 2014, Small Business Minister Bruce Billson advised that the Coalition advocated...more

The GPMemorandum - Issue 177

In This Issue: - Washington Federal Court Denies Motion To Hold Defendants In Contempt Of Consent Judgment For Trademark Infringement: A federal judge in Seattle has denied a franchisor’s motion for a contempt...more

Growing Your Business without Producing Unintentional Franchise Headaches

Many successful businesses want to open secondary locations, or “license” the business to a third party to operate additional locations. Be very careful when setting up a third-party model — it is easy to create an...more

THANKSGIVING POST: Court Protects Quizno’s Franchise Turkey Trade Secrets

This Thanksgiving, Trade Secrets Watch is serving a delicious tale about protecting trade secrets in a franchising relationship. In 1994, Quizno’s entered into a franchise agreement with Robert Kampendahl, an...more

Franchisors Must Act Quickly to Obtain Injunctive Relief on Non-Competition Covenants

A recent case from the United States Court of Appeals for the Eighth Circuit reaffirms the important principle that a franchisor, or any business, that seeks a preliminary injunction to prevent harm from a covenant breach...more

Focused on Franchise Law - September 2013

FRANCHISOR 101: FRANCHISOR NOT LIABLE FOR ACTIONS OF FRANCHISEE'S MANAGERS - Cortland, a former bartender, sued GECP-Sunrise, LLC, a Buffalo Wild Wings franchisee, and its franchisor, Buffalo Wild Wings, Inc., claiming...more

Survival of the Fittest: Why Do Some Franchise Systems Survive When Other Fail?

What had 28 flavors, nearly 1,000 locations, and a ubiquitous orange roof? If you answered Howard Johnsons Restaurants, then you are one of a shrinking number of people who can still appreciate the power that brand once had....more

The A.R.T of Franchising Advice - Reminders - Tips - July 2013

National Franchise Expansion – Minimizing Risks - Many of my clients have implemented national expansion plans. By doing so, they have certainly increased their pool of prospective franchisees. However, expansion that...more

News and Insights from Austin - Q2 2013

Welcome to the summer issue of News and Insights. In this issue, I’m proud to highlight Becca McKnight, who was recently selected by The Food and Drug Law Institute (FDLI) to serve on its Medical Devices Committee. Becca...more

Focused on Franchise Law - May 2013

FRANCHISOR 101: STATES UPPING THE ANTE FOR FRANCHISORS - A LEGISLATIVE UPDATE - Laws focusing on the franchisees' rights are referred to as relationship laws, and in recent months, franchisee groups fighting for new...more

Enforcing Contractual Indemnity Litigation Against Chinese Companies

Lawsuits brought in the U.S. that result in judgments against Chinese companies often have problems with enforceability, unless the Chinese company has assets in the US or assets in another country that enforces US judgments....more

Franchising Newsletter – April 2013

Overview - There have been several franchising developments since our last update in February. This edition discusses: - minimising the risks when marketing through social media - comments from...more

Craft Beer Boom in Michigan [Video]

Michigan is going through a significant boom in its alcoholic beverage manufacturing. In a video produced by Crain's Detroit Business and Miller Canfield, lawyer Joe Infante discusses what this means for Michigan and...more

The Unintended Franchise: If It Quacks Like A Duck . . .

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

Trademark Essentials

Trademark Essentials, Registration, TEAS, Trademark infringement, incontestability....more

The Legal Framework on Commercial Franchise of In-home Care Business

To conclude a little bit on some of the most concerned questions from investors in the franchise regulatory environment, I will, in this article, introduce the legal system in China on commercial franchise, what are the...more

FTC Green Marketing Guides

The Federal Trade Commission (“FTC”) announced the release of revised “Green Guides” on October 1, 2012. The Green Guides are intended to help marketers avoid making misleading environmental claims. The Green Guides are...more

USPTO Finds Dunkin' Donuts Slogan Mere Puffery

Dunkin’ Donuts may claim it has the “Best Coffee in America” but the U.S. Patent and Trademark Office (USPTO) found the phrase was mere “puffery” and had not acquired a secondary meaning sufficient to be registered on the...more

Canon And Lexmark Litigation Lead To Uncertainty In Print Toner/Cartridge Industry

The industry for remanufactured printer/toner cartridges has flourished for years as users purchase replacements from third party suppliers who fill a need and offer print supplies at prices significantly lower than those...more

Focused on Franchise Law - July 2012

In This Issue: - Barry Kurtz Honored As Trusted Advisor - Franchisor 101: The Court Delivers A Lesson To Franchisors - Franchisee 101: Does the Franchisor Have A Duty To Protect and Enchance Its Brand? ...more

Advertising News & Analysis - June 14, 2012

In this issue: - FTC Amends Franchise Rule Disclosure Thresholds - Ben Stein / Kyocera Suit Latest Front in Endorsement Contract Wars - ICANN Unveils List of gTLD Applications - Upcoming Events An...more

Buying Any Franchise – Tips From An MBA Franchise Attorney and Former Franchise Owner

Buying a franchise requires due diligence, patience and objectivity. This is the case whether you're buying a new first time franchise or an existing franchise resale. After all, virtually all of your assets (savings,...more

Franchise Review - May 2012: Franchising in Quebec

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

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...

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

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