Are Your EU Trademarks Still Protected In the UK after Brexit?

Are Your EU Trademarks Still Protected In the UK after Brexit?

Yes… For now. Many franchisors, like other businesses, rather than file trademark applications in individual countries have sought to protect their trademarks in Europe by filing for an EU mark with the European Union Intellectual Property Office, which grants protection in all 28 countries of the European Union. The recent vote by the British people to leave the EU has created uncertainty as to the long term status of EU

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Walking the Fine Line in Item 19 Explanatory Notes

Walking the Fine Line in Item 19 Explanatory Notes

When drafting an Item 19, you may think your job is done once you compile the data, but the job is far from complete. The next part of the Item 19 process is drafting the background and explanatory notes to accompany Item 19 and explain the data contained therein. One problem you may face is whether to include certain “disclaimer” language that protects the franchisor (to a certain extent) from

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Can We Make System-Wide Changes through an Update to the Operations Manual?

Can We Make System-Wide Changes through an Update to the Operations Manual

One fundamental challenge that franchisors of all sizes face is how to implement system-wide changes and require franchisees’ compliance with such changes. There are several ways to make system-wide changes and one of the easiest ways to implement such change is to update the operations manual. First, you must ensure at the outset that your franchise agreement requires compliance with all changes to the operations manual. Second, it is important

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The Use of Subsets in a Financial Performance Representation in your Franchise Disclosure Document

The Use of Subsets in a Financial Performance Representation in your Franchise Disclosure Document

As most in the franchise community are likely aware, on October 1, 2015, the North American Securities Administrators Association’s Franchise and Business Opportunity Project Group (NASAA) released for internal and public comment a proposed franchise commentary on financial performance representations (the “FPR Commentary”).  And, although the public comment period has since ended, members of the NASAA committee have recently revealed that the FPR Commentary will be revised and open for

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How a Franchisor and Franchise System Can Prepare to be Bought and Sold

How a Franchisor and Franchise System Can Prepare to be Bought and Sold

In addition to the business of building the brand and system for the purpose of business success in general, some franchisors and franchise systems may have other goals in mind, including for the purpose of being sold.  In order to do so, there are certain steps the franchise system will have to take in order to be appealing to buyers in the marketplace.  Below are some key issues, although not

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FTC INCREASES MONETARY THRESHOLD FOR EXEMPTIONS

FTC Increases Monetary Threshold For Exemptions

On May 19, 2016, the Federal Trade Commission (“FTC”) made their quadrennial update to monetary thresholds for Franchise Rule Exemptions. The FTC Franchise Rule gives prospective purchasers of franchises the material information they need in order to weigh the risks and benefits of such an investment. However, the sale of a franchise may qualify for exemptions from the Rule if it meets certain thresholds set forth by the FTC.  These

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A MEETING OF THE MASTER-MINDS

William Graefe, Franchise Attorney at Fisher Zucker, explains the importance of pre-sale negotiations for both parties when creating a master franchise agreement.

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New York’s Attorney General Sues Domino’s Over Lost Employee Wages

New York’s Attorney General Sues Domino’s Over Lost Employee Wages

  New York Attorney General Eric Schneiderman filed a lawsuit against Domino’s and three of its franchisees, claiming it systematically unpaid its workers, failed to pay overtime, and didn’t reimburse delivery staff for their gas, mileage and wear and tear on their vehicles. The suit alleges that the lost wages amount to approximately $565,000, spread throughout ten New York-based stores. Typically, franchisors are not held jointly responsible for the actions

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New Federal Overtime Rules – May 2016

New Federal Overtime Rules

On May 18, 2016, the Department of Labor released its final rule regarding overtime regulations which will require franchisors and franchisees alike to pay overtime to managers and other administrative employees making less than $47,476 per year. Under the new rule, scheduled to take effect December 1, 2016, the minimum salary threshold at which executive, administrative and professional employees are exempt from the overtime pay requirements of the Fair Labor

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Fisher Zucker Attorneys Present at the International Franchise Association’s 49th Annual Legal Symposium

Fisher Zucker Attorneys Present at the International Franchise Association’s 49th Annual Legal Symposium

Fisher Zucker attorneys Joe Dunn and Dave Allsman will both be presenting at the International Franchise Association’s 49th Annual Legal Symposium on May 15-17, 2016 at the JW Marriott in Washington, D.C.  Joe, alongside Kirk Reilly of Gray Plant Mooty and Lynette McKee of McKeeCo Services, will be presenting on the importance of product and supplier uniformity across franchise systems. His session, “Why Can’t I Buy This Instead? The Issue

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