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- Improvement of Franchise System Proves Effective for Houston Pizza Franchise
- Franchising versus Licensing
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- Taco Bell Meat Integrity Questioned in Class Action Lawsuit...
Posted on 2/2/2011 - Franchising Documentary Damages Cold Stone Creamery Franchises...
Posted on 1/17/2011 - Noble Roman’s Inc. Wins One Lawsuit, Starts Another...
Posted on 1/13/2011 - Successful Franchises Listen to Customer Demand...
Posted on 1/12/2011 - Kid’s Clothing Store Sues for Trade Secret Theft...
Posted on 12/9/2010
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Franchisor Services
Franchise Licensing (Part B)
What type of business might constitute a franchise?
A franchise may be a licensee, a distributor, or a dealer of your products and services. Franchise laws vary from state to state, and it may be left to a court to define the relationship that you have with these partners. However, if a business relationship maintains similarities to the 3 rules mentioned above, it is highly likely that the relationship may be determined to be a business franchise.
If it is left for a court to determine, you may have to defend your business relationship in a New York court of law. To do so, you will need to get the help of a New York franchise attorney.
If you want to avoid a franchise relationship, you should have no significant control over a partner or licensee. You should also not provide any significant degree of assistance. When you structure a trademark license, you must be careful to avoid the language associated with U.S. franchise laws.
On the other hand, if you do want to become a franchisor, you can do so with the professional help of a New York franchise attorney. In order to do so, you must structure your licensing agreement to provide business assistance, a marketing plan, and assert specific controls over your business franchisees. There must also be a continued financial interest in the relationship.
Such a financial interest will likely be in the form of a franchise royalty. A franchise royalty is a monthly payment that will be made by each of your franchisees. This payment will be used to grow your business, provide assistance, and pay your company's expenses.
How can a New York franchise attorney help me?
Whether you want to franchise your business in New York, or avoid U.S. franchise laws, a New York business attorney can help you structure your licensing agreements.
If you are an entrepreneur who is interested in franchising your business there is a lot you need to know, including how to structure your business as a franchise and obtain the proper licensing. For a limited time, get Charles N. Internicola, Esq's franchise law report to determine whether or not your business is right for franchising. Contact us today at 1-800-976-4904 for more information about Mr. Internicola's franchise law services in New York and how he assists entrepreneurs franchise their business nationwide.
IMPORTANT DISCLAIMER: The information contained on this website is provided for general educational purposes only, should not be relied on as legal advice and does not serve to create an attorney client relationship. In utilizing this website you acknowledge that there is no attorney client relationship between you and Charles N. Internicola, Esq. and that the information contained on this site does not and cannot serve as a replacement for the competent legal advice of a licensed attorney in your state. Further you acknowledge that any and all citations to cases and statutes must be independently verified by competent legal counsel to confirm the validity and accuracy of such information. The content of this site is subject to the Copyright of its author and owner, Charles N. Internicola, Esq.
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