The Unintended Franchise
The Unintended Franchise: A Trap for Unwary Business Owners
Under the Franchise Rule, any person or corporation that sells franchises within the United States is obligated to provide its prospective franchisees with a ...
Violation of the. FTC Franchise Disclosure Rule or the franchise registration or relations acts many franchises are not typical. Examples of these include ...
What's an Accidental Franchise, and Could I Be One?
What's an Accidental Franchise, and Could I Be One? · required payment; · license of a trademark; AND · significant assistance or control in the ...
The Unwritten, Unintended, Accidental Franchise Agreement
Therefore, unless such an unintended or accidental franchise relationship is properly terminated, the franchisor/supplier can be held liable for wrongful ...
The Unintended Franchise – A Trap For Unwary Business Owners
Are you unknowingly operating a franchise system? If you are licensing others to use your trademarks for a fee, the answer could be yes.
General corporate attorneys: Beware the accidental franchise
An accidental franchise occurs when a business relationship unknowingly and unintentionally meets the elements expressed in the Federal Trade Commission ...
"Avoiding the Unintended Franchise" from The Entrepreneur's ...
The FTC Franchise Rule is not the only law regulating franchise relationships. Many states also have versions of disclosure laws or laws requiring fair ...
Accidental Franchises: It Takes a Community (of Interest)
Modell, The Accidental. Franchise, When a Business Relationship Becomes a Trap, 13 Bus. L. Today 45 (Jan./Feb. 2004); Dan- iel J. Oates, Shannon L. McCarthy & ...
Structuring Licenses to Avoid the Inadvertent Franchise
A franchisee cannot waive the statutory protections of franchise laws even if it wants to. A terminable-at-will contract clause cannot be enforced in a ...
Avoid Becoming an "Accidental Franchise" - Walsh Banks Law
An accidental franchise can arise in business arrangements when the parties and their attorneys overlook or fail to understand a state's ...
The Accidental Franchise: A Must Read For Lawyers And Business ...
The Accidental Franchise: A Must Read For Lawyers And Business Owners · 1. Wherein a commercial relationship of definite duration or continuing ...
Franchising grew dramatically in the post-war years in a completely laissez-faire legal environment. California was the first state to react to the documented ...
How To Avoid Becoming an Accidental Franchise
There is a common misconception that it is easy, and far less expensive, to avoid being a franchise than it is to set up a franchise program.
The Accidental Franchise: All Franchises are Licenses -
because of the FTC's inclusion of the word “or,” the trademark element is not difficult to trigger. The franchisee's business does not need to be identified by ...
Understanding and Avoiding the Accidental Franchise
An accidental franchise relationship has potential legal consequences that can impact personal liberty, financial security, and the reputation of the involved ...
Texas business persons and attorneys are particularly vulnerable to inadvertent franchising ... The Business Franchise Guide is franchise law's ...
Inadvertent Franchising - Lusthaus Law P.C.
This inadvertent franchising can result in significant penalties. To avoid this, franchisors must understand and comply with the law.
""Avoiding the Unintended Franchise" from The Entrepreneur's ...
The FTC Franchise Rule is not the only law regulating franchise relationships. Many states also have versions of disclosure laws or laws requiring fair dealing.
How a License Agreement may Subject You to Franchise Regulation
“Franchising” has been and remains one of the most successful vehicles for the multi-unit expansion of a business. However‚ for many entrepreneurs looking ...
For the Record - The Inadvertent or Accidental Franchise
Some small operators, in either innocent ignorance, or in attempts to circumvent franchise laws, draft simple “license agreements” that often result in ...