Successful businesses require relationships with their "chain of supply" and their "distribution networks". These relationships relate to and involve your sources of supply, the potential of private labeling product, granting or obtaining a license to utilize certain intellectual property and brands and the overall distribution and sale of your products or the delivery of your services.
Charles N. Internicola and the attorneys at The Internicola Law Firm, P.C. work daily with local, regional and national importers, product distributors and service providers and assist with the review and development of "workable and realistic" agreements designed to facilitate business growth and to protect intellectual property. For these clients, Mr. Internicola, Esq. provides the following services:
For product manufacturers, importers and distributors and for service providers, Mr. Internicola provides representation respecting the development, review and implementation of license agreements that are designed to "achieve the task at hand" – that is, the expansion of your business – and to ensure the protection of your intellectual property rights, including royalty structures, payment obligations, agreement renewal and enforcement. In many instances – in connection with the services that Mr. Internicola provides as "outside general counsel", Mr. Internicola develops a licensing and agreement framework to be applied company wide, and on a consistent basis without the need for continuous attorney involvement.
License agreements do not need to be complex but must address issues involving: the term of the relationship, the scope and limitations of the license granted, the term of the license and events of renewal, ownership of trademarks and intellectual property, insurance liability coverage, product label requirements and indemnification in instances involving alleged trademark infringement and liability claims. Generally license agreements should not be viewed as an alternative to a franchise agreement or relationship.
"Private label" is a form of licensing and distribution whereby a manufacturer, importer or distributor sells or distributes product under the "label, brand, or trademark" of its third-party customer or client. For many successful businesses, the establishment of enforceable and meaningful private label relationships is critical to business success. Mr. Internicola assists with the preparation, review and implementation of private label agreements and relationships, including the protection and license of the underlying brand name and intellectual property.
Private label agreements are critical for manufacturers and product importers – especially when dealing with large box retailers and specialty suppliers. Private labeling is a form of licensing and requires consideration of those identified above for license agreements. Additionally, if you are the party receiving private label product (i.e., someone is producing or procuring product to be branded under your name and with your trademarks) then special consideration must be given to your control over this relationship and your ability to ensure the proper supply of product and preferences that your supplier may or may not afford to your competitors.
If you are a product manufacturer, importer or distributor, the relationships and agreements involving your employees, your sources of supply and the entities that distribute and sell your product are critical to the success of your business. These "distribution relationships" require agreements that start off with confidentiality and non-disclosure obligations to be imposed on your key employees and proceed with the distribution agreements and rights that you may or may not be granting to those within your distribution network.
Distribution relationships sometimes "just evolve" over time and, in many instances, are poorly documents and not supported by formal agreements. As a business develops and grows, it is critical to implement consistent agreements will all entities and parties that are involved in your distribution relationships – this includes your own employees and sales staff who have access to critical information.
To learn more about how Charles Internicola and the attorneys at The Internicola Law Firm, P.C. assist their client in structuring and implementing licensing, private label and distribution relationships and agreements, contact Mr. Internicola’s staff at (800) 976-4904.
Franchising may be the next big step for your business and brand. So, how do you know whether or not you should franchise your business? How do you know if franchising is right for you? The answer depends on your business, your business goals, your personal goals, your budget and... read more
In this guide you’ll learn the basics of franchising, how to franchise your business, and how to win at franchising. We’ll also take a deeper dive into legal requirements for franchising and why they matter, steps to take before and after you launch your franchise, and even some tips on... read more
When considering expanding a business both franchising and licensing are possible options. In this guide, you'll learn the differences of franchising and licensing and understand how each will affect you. read more
Are you a successful business owner? Are you looking for ways to expand your business? If so, this article will provide the answers you need to decide whether franchising your business is the right step for you. In short, franchising allows you, the franchisor, to create a relationship among several... read more
Under federal law, prior offering or selling a franchise in any state, franchisors are required to disclose a franchise disclosure document (FDD) to their prospective franchisees. In addition to federal law certain states, including the franchise registration states, require that franchisors register their FDD with the state. The legal documentation... read more
For very good reasons, the questions of “is my business franchisable?” and “can my business be franchised?” come up often. Assuming that you possess the right mindset and franchise goals (a topic that we discuss in a separate article) there are core franchise factors that either your business must possess... read more
Key strategies to accelerate franchise growth for startup and emerging franchisors In this webinar, franchise attorney Charles Internicola and Nick Powills, founder of No Limit Agency and 1851 Franchise, discuss key strategies to accelerate franchise growth through PR and digital media. Some topics include: Steps franchisors should take when it... read more
One of the biggest issues for emerging franchisors is not having a plan for insurance and system-wide protection. What do emerging brands need to know when they're starting off, who should they rely on, and how can they plan ahead? Get an insurance game plan to protect your franchise system... read more
Key strategies for developing the right logo & trade dress to drive franchise growth with branding and design expert Dan Antonelli. Dan is the author of ‘Building a Big Small Business Brand’ and is the creative director of the branding firm KickCharge Creative. Learn how to drive franchise growth and... read more
With services to make your growth strategy simple, cost effective, and with a team excited to help you, let’s talk about how we can help grow your business.
Fill out the following form and we’ll contact you as soon as possible. To reach our team directly, give us a call at (800) 976-4904.