The Law Office of Peter N. Greenfeld P.C. provides legal counsel to protect the brand name of franchises and the intellectual property of other businesses with our transactional and litigation expertise. The Firm advises both Franchisees and Franchisors in a variety of matters including the proper protection of the intellectual property that is part of the Franchise identity.
Trademark Licensing and Franchising
While there is some overlap in these areas, franchise lawyers need to have fundamental trademark training, but not every trademark lawyer can launch into franchise work. Trademark licenses and franchise agreements may provide entities or individuals with permission to use the brand names or trademarks of owners, but one has to be careful that a trademark licence doesn't overstep its boundaries and become a franchise agreement with the liabilities and responsibilities that are unique to franchising. This is where it is important to seek the advice of franchise lawyers if one has an interest in developing a franchise or purchasing a franchise business. The relationship between franchisor and franchisee is very unique in a franchise arrangement. Also, as with other legal matters, simply stating that an arrangement is or is not a franchise arrangement may not be determinative if the relationship meets the legal definition of a franchise.
Why Franchise?
Franchising covers a wide range of businesses in a variety of industries. There are a vast number of informational sites that post franchise opportunities that may involve health care, dry cleaning, pizza, video or even garbage collection. Some franchises may be more traditional and retail or premised based while others may be mobile or even van based. Franchising may appeal to a potential Franchisor or Franchisee on a number of levels:
- Franchising may help a business expand more rapidly than by natural expansion.
- Many Franchisees find that the training, tools, ongoing support and materials associated with an existing brand name business offers more advantages than starting a business from scratch.
Scope of Franchise Work.: Franchisees and Franchisors seek our assistance on a wide range of matters. These include:
- Litigation and Dispute Resolution. Franchises consist of a valuable and sometimes delicate relationship between Franchisee and Franchisor. We can assist at various stages of a growing franchise to assist in making the Franchise relationship one that is successful.
- Expanding a Business into a Franchise System. One of the biggest mistakes prospective franchisors can make is to go it alone and underestimate the expertise needed to set up a franchise system. It requires more than cut and pasting from form templates. Even the most business savvy entrepreneurs realise that a successful business may not translate into a successful franchise. Seeking professional counsel at the start to map out or prepare the necessary contracts or disclosure documents for a franchise system is a wise choice. With over 15 years of litigation and transactional experience for individuals and businesses in franchise, intellectual property and unfair competition matters, Peter Greenfeld's experience at some of the major California and Arizona firms allows him to provide potential Franchisors with "Big Firm" expertise at a more affordable rate.
- Purchasing a Franchise. The UFOC and Franchise Agreements governing most franchises can be quite complex. It is prudent to seek the advice and counsel of a franchise lawyer who is familiar with franchise documentation prior to making a major investment in a franchise. In addition to negotiation and litigation advice, Peter N. Greenfeld P.C. offers Arizona Franchisees a flat fee to review franchise agreements before they are signed or renewed. Alternatively, some franchisees opt for an initial consultation only for general guidance. Either way, seeking legal advice before any legal relationship is established between franchisee and franchisor is essential.
- Franchisee Representation after Franchise Purchase. Some Franchisees may require advice or assistance in interpretation of the Franchise Agreement or UFOC after having purchased the Franchise if a dispute arises or to resolve an issue before it occurs. Issues may arise relating to early or wrongful termination, default of the franchise agreement, encroachment, fraud and misrepresentation, royalty disputes, franchise non-competition, site selection or franchise renewal.
|
Contact Us
The Law Office of Peter N. Greenfeld P. C. offers experienced franchise legal services, including:
- Franchisee and Franchisor Representation
- Litigation and Dispute Resolution.
- Expanding a Business into a Franchise System.
- Purchasing a Franchise.
- Franchisee Representation after Franchise Purchase.
The Law Office of Peter N. Greenfeld P. C.
4500 North 32nd Street, Suite 109
Phoenix, AZ 85018
Phone: 602-954-2200
Fax 602-956-4232
|
|