The State of New York recently enacted a new, limited exemption to its Franchise Sales Act (N.Y. Gen. Bus. L. § 680 et. seq.) (the “Act”), which will allow franchisors that are not registered with the State to participate in a franchise trade show under certain circumstances.
Category: Legal Perspectives
Negotiating Franchise Sales In California
One of the most misunderstood aspects of California’s franchise law is its regulation of negotiated sales. Under the law, if a California franchisee has been given a “special deal” that is not part of the franchisor’s standard offering, then the franchisor may be required to disclose the terms of that deal to subsequent California franchisees during the following year. How can your franchise comply with the law?
“Where’s The Beef?” Gets Resurrected: Why It’s Important To Maintain Your Trademark Registrations
The latest example of 80s influence on pop culture is Wendy’s recent resurrection of its “Where’s The Beef?” campaign. The renewal of the old campaign serves as a valuable reminder of the importance of maintaining your trademark registrations, even on older trademarks.
Can Medical Marijuana Shops Be Franchised?
In some states, selling medical marijuana has become big business. These businesses exist in a legal gray area: while they are permitted by applicable state law, they are still illegal on the federal level. Given this regulatory environment, can a medical marijuana business be franchised?
Supreme Court Ruling Redefines The Standard For Proving Inducement Of Patent Infringement
On May 31, 2011, the Supreme Court issued an opinion in that redefines what is necessary to establish a claim for inducement and clarifies the language of § 271(b). The ruling establishes a heightened standard that will undoubtedly make it more difficult to prove inducement in future patent infringement cases.
Are You In Compliance With Franchise Advertising Filing Laws?
One of the areas of franchise law that is often misunderstood by new and emerging franchisors is state advertising filing requirements. This article is a summary of how a franchisor can comply with franchise advertising filing laws.
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