Waller TIPS

Waller TIPS

Perspectives on Intellectual Property Issues

Category Archives: Franchise

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“Old Dog, New Trick” in Claims Against Franchisors for Franchisees’ Actions

Posted in Advertising, Franchise
Nearly every franchisor has suffered threats of litigation based upon the actions of its franchisees.  These threats are not necessarily limited to claims stemming from the franchisees’ delivery of services (from mold remediation to serving tasty food which does not result in gastro-intestinal distress), but may extend to those arising from the franchisees’ employment decisions.  … Continue Reading

Is Your Trademark “License” an Unintended Franchise Agreement?

Posted in Franchise, Trademark
All too often, trademark licensors offer the use of their mark along with other intangibles without considering if the trademark license is actually an “unintended” offer of a sale of a franchise.  Such action can be highly problematic because the offer and sale of franchises in the United States is highly regulated under both federal … Continue Reading