In April 2024, the Federal Trade Commission (“FTC”) issued a new rule that broadly prohibited the use of non-competition agreements (“non-competes”) for workers. This rule goes into effect September 4, 2024, but is expected to be subject to significant challenges in court. While the landscape and timing for the rule is likely to continue to
Finding a Balance Between Consistency and Innovations in Franchise Systems
When a customer walks into a franchise location in Seattle, Washington, does the customer have the same experience as it would when it visits a location in Miami, Florida? What about Lincoln, Nebraska? One of the hallmarks of franchising is that each franchisee is expected to operate in accordance with brand standards and deliver the
Ritchie Taylor Named a ‘Legal Eagle’ in Franchise Times 2024
Manning, Fulton &, Skinner, P.A. is pleased to announce that Ritchie W. Taylor, head of its Franchise & Hospitality practice group, has been recognized in the 2024 ‘Legal Eagles’ list by Franchise Times magazine.
Mr. Taylor has been routinely recognized in the publication, continuing to represent Manning Fulton as one of the
Picking a Strong Trademark: A Spectrum of Distinctiveness
In today’s competitive marketplace, a strong trademark is essential for any business. It acts as your brand identity, fostering consumer recognition and trust. But with so many brands vying for attention and considering the time and cost associated with trademark registration, choosing the right trademark that sticks in the minds of your customers or clients
Breaking Down Franchise Agreements: 10 Things To Know
What is a Franchise Agreement?
The franchise agreement is the legal agreement executed between the franchisor and franchisee that creates the legal foundation for the franchise relationship. It defines the parties’ rights, obligations, and protections. There is no standard form for a franchise agreement because each agreement varies greatly depending on the applicable industry and
Should I Franchise My Business? Six Indicators that you are Ready to Start Franchising
With the opening of another year, you may be considering brand expansion through franchising. While there is no magic formula to tell you if you would be a good franchisor or if your business is a perfect fit for the franchise model, the questions below provide a starting point for your analysis. What underlies each
FTC Revamps Endorsement Guidelines
Earlier this year, the Federal Trade Commission (“FTC”) released a set of revisions to its Guides Concerning Use of Endorsements and Testimonials in Advertising (“Endorsement Guides”) which instruct businesses on how to navigate the FTC Act and how to avoid engaging in unfair or deceptive trade practices. These revisions were intended to modernize the Endorsement
The “Taco Tuesday” Trademark Test: Genericide and How to Prevent Against It
In the trademark and copyright law world, few disputes have garnered the attention of both the legal and culinary world quite like the “Taco Tuesday” debate. The controversy revolved around the rights to a popular phrase that has been simmering for years, pitting businesses against each other and igniting a discussion around the usage of
North Carolina Streamlines Franchise Compliance
Effective October 1, 2023, North Carolina streamlined franchisor compliance with the North Carolina Business Opportunity Act. The adopted revisions to the North Carolina Business Opportunity Act (“Act”) proposed by the North Carolina Business Law Section task force led by the author eliminate the 40+ year burden imposed on franchisors who are otherwise compliant with the
Who Needs Brick-and-Mortar? Developing Your Mobile Franchise Business
The average consumer probably associates franchising with the popular fast casual restaurant across the street from their office, their favorite gym down the street, or some other brick-and-mortar building where they obtain routine or specialized products and services. Franchising, however, covers a broad scope of industries and many operate without a brick-and-mortar location where the