Trademark Licenses and Accidental Franchises
Navigating Differences Between Trademark Licenses and Franchises, Avoiding Naked Licenses
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will examine the differences between trademark licenses and franchises and provides best practices for structuring licenses to avoid inadvertently creating a franchise agreement. The panel will also discuss best practices for avoiding a naked license, complying with franchise laws if an inadvertent franchise has been established, and minimizing vicarious liability exposure based on the activities of licensees.
- Differences between trademark licenses and franchises
- Best practices for structuring the trademark licenses
- Avoid creating a franchise agreement
- Avoid naked licenses
- Strategies for complying with franchise laws if an inadvertent franchise has been established
The panel will review these and other key issues:
- How do trademark licenses differ from franchise arrangements?
- How do accidental franchise claims typically arise?
- How do franchise laws regulate licensing arrangements?
- What are the liability risks of violating franchise laws?
- What best practices can counsel employ to avoid accidentally creating a franchise agreement?
- What does franchise law compliance entail?
Mr. Kirsch focuses his practice on domestic and international franchising and distribution matters. He represents and... | Read More
Mr. Kirsch focuses his practice on domestic and international franchising and distribution matters. He represents and counsels clients on various corporate, commercial, licensing, franchise, and business development matters. His work involves primarily transactional and regulatory matters, M&As, international franchising, and distribution. Mr. Kirsch often lends his franchise expertise to others by writing articles and speaking at seminars about a variety of issues including branding, licensing, franchising, and distribution issues.Close
Anthony J. Marks
Bryan Cave Leighton Paisner
Mr. Marks has experience in a broad range of transactional matters, initial formation and capitalization, licensing,... | Read More
Mr. Marks has experience in a broad range of transactional matters, initial formation and capitalization, licensing, venture capital financing, debt financing, intellectual property protection and licensing, stock and asset acquisitions and divestitures, and strategic transactions. He counsels clients in the spectrum of franchise and distribution law, including structuring new domestic and international franchise and licensing programs, franchise registration and disclosure matters, terminating and renewing franchise relationships, negotiating complex multi-unit transactions and transfers, and assessing the applicability of federal and state franchise and business opportunity laws. He is certified by the State Bar of California as a Franchise and Distribution Law Specialist.Close
Rochelle (Shelley) Spandorf
Davis Wright Tremaine
Ms. Spandorf focuses her practice on business franchise and distribution issues, representing franchisors,... | Read More
Ms. Spandorf focuses her practice on business franchise and distribution issues, representing franchisors, manufacturers, licensors, suppliers, franchisees, and distributors in their domestic and international expansion and strategic development. She concentrates her practice on a broad spectrum of transactional and regulatory issues for clients in all industry sectors, and assists clients with their contracts and legal compliance matters, franchise sales compliance duties, and operating issues.Close