Subject Outline
- History & Overview
- The Rise of Franchising
- Advantages and Disadvantages of Franchising
- What is a Franchise?
- Overlapping Federal and State Jurisdiction
- The Federal Trade Commission (FTC) Definition
- State Definitions
- What is Not a Franchise: Exemptions from Regulation
- The Rise of Franchising
- Trademark Law and Licensing
- Trademark Theory and Overview
- Trademark Policy
- Trademark Basics
- Requirements for Registration
- The Spectrum of Conceptual Strength
- Functionality
- Trade Dress
- National Rights versus Regional Rights
- Ownership, Assignment & Licensing
- Rights of Initial Registrant
- Assignment and Licensing
- Abandonment
- Violating the Markholder's Rights
- Trademark Infringement
- Trademark Dilution
- Cybersquatting
- Defenses to Infringement
- Nominative "Fair Use"
- Remedies
- Equitable Relief
- Damages and Profits
- Trademark Theory and Overview
- Restrictions on Offering Franchises for Sale
- The Franchise Disclosure Document (FDD)
- Purpose and Overview
- Selected Disclosures in Details
- Line 4: Franchisor Litigation
- Line 7: Estimated Initial Investment
- Line 8: Restrictions on Sources of Products and Services
- Line 9: Franchisee's Obligations
- Line 11: Franchiser's Promise of Assistance
- Line 12: Franchisee's Sales territory
- Line 13: Licensing Franchisor's Trademarks
- Line 16: Restricting What the Franchise May Sell
- Line 17: Ending the Franchise Relationship
- Line 19: Franchisor's Financial Performance Representations
- The Franchise Disclosure Document (FDD)
- Structuring the Franchise Relationship
- The Franchise Agreement (FA)
- Purpose and Overview
- Selected Contract Provisions in Detail
- Implied Right to Future trademarks, Goods and Services
- Franchisor as Exclusive Source of Inventory and Equipment
- Franchisor's Duty to Assist in Real Estate Development
- Shopping Mall Exclusivity
- Franchisee Vulnerability to Loss by Condemnation
- Franchisor's Control of Franchisee
- Termination and Non-Renewal
- What is "Good Cause"
- What is not "Good Cause"
- When May Franchisor Obtain "Lost Future Profits"
- How Broad is Franchisors Exculpatory Clause Defense?
- The Universal Requirement for Arbitration
- The Franchise Agreement (FA)
- Franchisor Liability for Acts of Franchisee
- Franchisor's Control: A Double-Edged Sword
- Purpose and Overview
- Imputed Franchisor Liability
- Purpose and Overview
- Franchisor's Control: A Double-Edged Sword