TM, SM, and (R): Which trademark symbols to use and when to use them.
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10 Tips for Trademark Selection
Tips on how to create a trademark and make sure it’s legally protected.
Trademark Infringement Headlines Offer Franchisors Important Lessons
Franchisors need to understand the value of strategic trademark protection and the importance of swift trademark enforcement. This article takes a look at what franchisors need to be taking away from two recent (mostly) successful trademark infringement lawsuits.
Can I Bid on a Competitor’s Trademarks on AdWords?
If you have ever developed metatags or researched pay-per-click keywords to help your company’s website rank for search results, you may have felt the urge to use the names of of your well-known competitors. If someone starts out looking for a competitor and ends up coming to you instead, not only is it good for [...]
Protecting Your Image and Intellectual Property Online
I’ve seen enough cases of a former franchisee not de-branding after termination as required by their Franchise Agreement to know that this is a serious problem for franchisors. I’ve also seen more than enough cases of startups and, shall we say, “enterprising” individuals adopting domain names and “repurposing” content in ways that directly infringe on [...]
What Constitutes Trademark Infringement?
The importance of trademark protection for franchises and business, and steps to monitor and resolve trademark infringement.
Franchisor-Franchisee Independence and Joint Liability, Redux
As illustrated by the Tilted Kilt restaurant franchise lawsuit, the importance of franchisor-franchisee separation and exposure to joint liability.
Get Your Franchise Audits and FDDs Done Early for Renewal Season
Under the FTC Revised Franchise Rule, franchisors are required to update their FDDs annually. What the federal and state renewal deadlines mean for active and aspiring franchisors, as well as prospective franchisees.
Franchise Marketing Fund Disclosure: A Cold Stone Creamery Case Study
Many franchisees pay a percentage of revenues into a marketing fund, which the franchisor spends on marketing and advertising. However, the use of the money may not be disclosed properly, as Cold Stone Creamery’s franchise association is claiming in its lawsuit.
What Happens When a Franchise Contract Ends? Obligations Upon Termination
Four main issues all franchisors and franchisees should consider at the end of a franchise contract, including de-branding/re-branding, phone numbers, customer lists, and non-compete agreements.
Franchises in the News
The three cases discussed below all highlight different – and equally important – issues that are highly relevant to both franchisors and franchisees.
5 Tips for Businesses Considering Franchising in 2012
When making the transition to franchising, it is important for business owners to keep in mind that the franchise operation will be a new, entirely different business operation in and of itself.
Don’t Forget About the Lease!
Purchasing a franchise that requires a commercial location adds a layer of complexity that must be handled with care.
Chick-fil-A Wants You to Eat Less Kale?
You’ve developed a clever slogan that sets you apart from all of the other chains out there. Now all of a sudden someone else is taking advantage of your cleverness and expenditures—to their benefit and potentially to your harm. What would you do?
But she’s doing it: Can franchisors treat franchisees differently?
Can franchisors treat franchisees differently? Many franchise agreements impose certain obligations to prevent this but they do have the right to do it.
4 Signs a Franchisor May Not Be Around for the Long Haul
So, what are some signs that a franchisor might not be around for the long haul?
Know Before you Go – Non-Compete Provisions in Franchise Agreements
While often a reasonable commitment in exchange for the benefits of operating under a franchise system, competitive restrictions are still well worthy of independent consideration before you sign on the dotted line.
It’s Good to Be Popular (But Not Too Popular)—Choosing a Trademark for your Franchise System
For new franchisors, standing out from the crowd can be a task of epic proportions. Selecting a strong and memorable trademark is certainly an important (indeed, critical) first step.
Franchising as a Growth Vehicle—the Risks of Improper Classification
Should I franchise my business? Is it the right time? Is franchising the right growth vehicle for my business model?