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
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
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
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
On June 8, 2023, the Supreme Court handed down a unanimous decision in the case of Jack Daniel’s Properties, Inc. v. VIP Products LLC. The ruling has significant implications for trademark law, particularly concerning the fair use and non-commercial use exceptions, which both permit certain otherwise-infringing uses of a registered mark if the use qualifies
The Basics of Federal Franchise Law
If you’re immersed in the franchise world, you’ve likely heard of the Federal Trade Commission, or FTC, a federal agency that sets forth standards for franchises. However, in the day-to-day grind of running your business, you may not be familiar with just how the law impacts you, as a business owner, on a high level.
Although wading through legal jargon may not be enjoyable, the laws impose very real, tangible risks for business owners. As such, it’s vital to understand both the laws that impact your business and the penalties you may face if you (intentionally or inadvertently) run afoul.
Continue Reading The Basics of Federal Franchise Law