Franchisors and franchisees enter into what is known as a holdover period when a franchise agreement has expired, but the franchisee continues daily operations. A holdover period may be unlawful when a franchisee has continued to use the franchisor’s trademark without permission. In those situations, franchisors may be entitled to treble damages under the Lanham Read more →

Tags :Holdover Franchise , Holdover Franchise lawyer , Holdover Franchisee , Holdover Franchisees

Franchised small businesses within the State of Florida are not adequately protected under Florida law. Yet, inexplicably, current laws provide security for business owners that operate large automobile dealerships, agricultural equipment dealerships as well as beer distributors and other special industries. It is unjust that similar protections do not exist for the thousands of restaurants, Read more →

Tags :Florida Franchise Legislation , Florida Franchisee Legislation , Florida Legislation for franchises

Franchise agreements typically include in-term non-compete covenants, which restrict competition during the term of the franchise agreement, and often include a post-term covenant that restricts competition following the termination or expiration of the agreement. These provisions routinely ban competition within a certain radius of the franchised location and sometimes within the territory of other franchisees Read more →

Tags :Covenants in Franchising , Restrictive Covenants in Franchising , Restrictive Franchise Covenants

Franchisors and franchisees often work closely together to develop and/or implement various business strategies and marketing/advertising campaigns for the benefit of the franchise system. Some of these strategies and campaigns can be controlled largely by the franchisor, who seeks to ensure brand uniformity. That being said, because the franchisor is the one that will often Read more →

Tags :Expanding Franchisor Liability Under the TCPA , experienced in Franchisor Liability , Franchisor Liability , Franchisor TCPA Liability , TCPA Franchise Lawyer

For 39 years, the American Bar Association (ABA) hosts its annual Forum on Franchising where franchisors, franchisees and franchise attorneys from all over the United States gather at a different city for this three day legal conference. This year’s forum took place in our beautiful Miami, Florida. To give the forum’s attendees a warm South Read more →

Tags :franchise attorney , franchise attorneys , franchising attorneys