Intellectual property and franchising law are closely connected. Intellectual property law often involves the creation and protection of art, software, or other types of creative expression that have monetary value. Franchising involves the creation of a business model, image or product that has monetary value. What ties intellectual property and franchise businesses together is the value generated by allowing other people and companies to operate and profit from the monetary value created by art, software, creative expression or a business model.


Intellectual Property

You have a great idea… but how do you protect it? Whether it’s a great branding concept, the next advancement in software or an amazing script, we can help make sure that your creation remains yours. We also craft agreements that allow you to license your creation to others, allowing you to profit from your idea while others invest in exploiting your idea’s full economic value. Intellectual property law involves far more than registering a trademark or applying for a …

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Franchisors

Franchise laws include complex federal and state law, modeled on securities regulation. If you are thinking about franchising your business to others, you must have experienced lawyers guide you through the compliance process, including preparing your Franchise Disclose Document, Franchise Agreement, Development Agreement and a host of other documents. You also need an experienced lawyer that knows how franchise law differs from state-to-state. Sam Potter stays on top of ever-evolving franchise laws and regulations. He has attended national franchise legal …

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Franchisees

Deciding to buy a franchise is a huge decision for any business person. Typically, the franchisee pays a large upfront fee to the franchisor, but that is just the beginning. A new franchisee has to identify suitable real estate, negotiate a purchase or lease, invest substantial sums in up-fitting the new location, create a corporate entity, employee manuals, and supplier contracts. At the end of the day, most franchisees invest anywhere from seventy-five thousand dollars to many hundreds of thousands …

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Franchise Law

Franchises are some of America’s most famous businesses (McDonalds, Two Men and a Truck, UPS Store, Gold’s Gym and Days Inn). More importantly, franchises often make good business sense. If you develop a business model that works, but would like to see it grow through a network of businesses and individuals that recognize your vision, becoming a Franchisor may be the way to grow your idea. On the other hand, if you want to start your own business, but want …

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Litigation

Unfortunately, intellectual property and franchise issues sometimes end up in court. People try to take someone’s intellectual property and profit unfairly, or assert rights to intellectual property that rightfully belong to others. In the franchise context, franchisors sometimes make promises or representations that are not true, and franchisees fail to abide by the terms of their Franchise Agreements. In these situations, we try to resolve disputes through informal and formal pre-lawsuit dispute resolution. However, if a voluntary resolution is unsuccessful, …

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Trademarks

You have a great idea… but how do you protect it? Whether it’s a great branding concept, the next advancement in software or an amazing script, we can help make sure that your creation remains yours. We also craft agreements that allow you to license your creation to others, allowing you to profit from your idea while others invest in exploiting your idea’s full economic value. Intellectual property law involves far more than registering a trademark or applying for a …

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Copyrights

You have a great idea… but how do you protect it? Whether it’s a great branding concept, the next advancement in software or an amazing script, we can help make sure that your creation remains yours. We also craft agreements that allow you to license your creation to others, allowing you to profit from your idea while others invest in exploiting your idea’s full economic value. Intellectual property law involves far more than registering a trademark or applying for a …

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Work for Hire Agreements

A work made for hire is a work created by an employee as part of their job, or some limited types of works where all parties agree in writing to the WFH designation. Work for hire is a statutorily defined term (17 U.S.C. § 101), so a work for hire is not created merely because parties to an agreement state that the work is a work for hire. It is an exception to the general rule that the person who …

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Non-Disclosure Agreements

A non-disclosure agreement (NDA), also known as a confidentiality agreement (CA), confidential disclosure agreement (CDA), proprietary information agreement (PIA), or secrecy agreement (SA), is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to or by third parties. It is a contract through which the parties agree not to disclose information covered by the agreement. An NDA …

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