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
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
Your trademark is a critical asset in your franchise system. You work hard to cultivate the brand associated with the trademark and you carefully monitor how your franchisees and competitors use your trademarks. Registering your trademark with the U.S. Patent and Trademark Office gives you additional legal protections for this valuable intellectual property.Continue Reading Trademark Registration 101
How to Avoid Litigation in Franchising
There is a host of issues that can arise in a relationship between a franchisor and a franchisee. If not properly addressed, some of these issues can mushroom into legal sparring or even full-blown litigation.
Common issues include the enforcing of system standards, franchisees performing below their and/or the franchisor’s expectations, adapting to changes in the marketplace, diverging values and principles, or compliance with federal and state laws that regulate the franchise relationship.
No matter what the particular catalyst, there are several critical steps a franchisor can take to help assuage – or even avoid – legal issues.
Continue Reading How to Avoid Litigation in Franchising