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A franchisee enters a business relationship with a franchisor by buying the rights to sell the goods or services of a franchise. The franchisee also has the right to use the franchise’s intellectual property. The franchise should become a joint venture where both...
A franchise agreement outlines the rights and obligations of the franchisor and franchisee to sell or use a company’s intellectual property and system of operations. Fundamentally, a franchise agreement describes how the franchisor and franchisee will work together....
Dealing with copycats can be a major headache for any small business owner. Trademark registration protects your name from replication, but it does not prevent competitors from using a similar name. You may have a stronger case if the violation is obvious, but if not,...
Franchisees and franchisors both sign contracts that outline the expectations both parties have regarding the partnership. However, things may not always go according to plan. If an insufficient number of customers are coming through the door, the franchisee may start...
Commercial disputes between a landlord and tenant can be highly contentious or even disastrous for business. It is often the case that such heated disputes stem from misunderstandings or miscommunications surrounding the commercial lease itself. Before signing your...
A franchise dispute can quickly explode into a serious confrontation when the franchisor accuses you, as the franchisee, of misusing their intellectual property. Defending yourself against such a claim is crucial in maintaining your reputation and ensuring that you...
Earlier this year, the Federal Trade Commission (FTC) proposed a rule to ban noncompetes in employment agreements, which includes franchise contracts. This is due to the increasing concern that employers unreasonably use this clause to limit employees from expanding...
By Robert Zarco, Esq. - Founding Partner at Zarco Einhorn Salkowski, PA Whether to buy into Franchisors and/or multi-unit Franchisees, Private Equity firms have been flexing their muscle for their investors to keep pace and exceed inflation by gobbling up and taking...
Robert Zarco, Esq. Founding Partner Zarco Einhorn Salkowski, P.A. Am I required to service customer claims sent to me by the franchisor or another franchisee? If the FDD or Franchise Agreement discloses your requirement to service all customer claims even those not...
Robert Zarco, Esq. Founding Partner Zarco Einhorn Salkowski, P.A. February, 2023 Originally, the law of non-compete in employment agreements was established for good reason ‘to shield and protect employers from abusive employees’. As with many well-intended laws, it...
