Tag: Howard & Howard

When Franchisees Innovate: Discussing The “Big Mac” Provision

During the life of a franchise system, franchisees are often the source of new product and service offering ideas. Franchisors often find that some of the best-selling products are created by franchisees.  For example, some of the most popular sandwiches (including the Big Mac, Filet-o-Fish, and Egg McMuffin) at McDonald’s were created by franchisees.  Indeed, … Continue Reading

California Amends its Franchise Relations Act

California recently made new amendments to its franchise law, California Franchise Relations Act (“CFRA”) (Cal. Bus. & Prof. Code §20000 et seq.), which regulates franchisee-franchisor relationships. These amendments, which will affect franchise agreements entered into or renewed after January 1, 2016, substantially change the laws in that state dealing with franchise terminations and renewals. The … Continue Reading

Can 3-D Scanning and Printing be a Copyright Infringement?

Suppose that you have a unique configuration for your physical object. You find out that your competitor has scanned the configuration of your object and is printing the object with a three-dimensional (3-D) printer. Is there anything you can do?  The answer is YES! Let’s suppose you have created a physical object such as a … Continue Reading

The Real Impact of Counterfeiting

A group of luxury brand makers including Gucci, Balenciaga, Yves St. Laurent, and other brands owned by Paris-based Kering SA, recently sued on-line retail giant Alibaba, claiming that the company had knowingly made it possible for counterfeiters to sell their wares throughout the world.  Why should we care about counterfeit goods?  Those luxury brand companies … Continue Reading

Franchisee Who Ignored His Disclosure Document Loses Lawsuit

A franchisee who sued his franchisor for fraud learned the hard way why it’s important to read the Franchise Disclosure Document, cover to cover, before buying a franchise. A California franchisee of Big O Tires sued the company in California court, alleging that Big O defrauded him when it sold him a franchise. The California … Continue Reading

The Forum-Selection Clause in Your Franchise Agreement: Why it’s Important

One of the most common provisions in franchise agreements is the “forum-selection” clause. Under these provisions, the parties agree that any lawsuit filed by either one of the parties will be brought only in a court in a specified city and state. The chosen court will almost always be in the city where the franchisor … Continue Reading
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