Trademarks Rights at Risk!

Published on: March 12, 2013 Author: Mary Beth Gettins Leave a comment

If your trademarks are used by others- if your trademarks are no longer associated with your products or services, your trademark rights may be at risk!

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- I Don’t Manage. I Do the Work. You owe me overtime.
  What are the most common wage and hour claims? First comes failing to pay people for dunning. Second comes not paying for work performed off the clock. Fourth comes docking employee’s pay for lunch hours that never happened. I am just guessing here. Wait, I forgot one: Misclassifying of workers as salaried employees. Misclassifying workers… More »
- Minimum Sales Requirement More Than Double in 10 Years
  Over the last 10 years or so, franchisors have begun including performance standards, minimum gross sales requirements, and minimum royalty rates in their franchise agreements. Whatever vintage they are (sales requirements, minimum sale or royalty), the whole rationale is this: The franchisor wants to make sure that the franchise territory is not tied up, underperforming,… More »
- I paid the minimum royalty fee. Can I still be in default of the franchise agreement?
  Franchise Agreements may contain minimum royalty fee requirements and performance standards. What is the difference between the two? Can you be in default even if you pay the minimum royalty fee amount? Listen to the video and learn the answers.
- Did You Update Your Employee Background Check Forms?
  Beginning January 1, 2013, Employers were required to update the forms they use for securing employee background checks. As we have discussed in this blawg on several occasions, performing an employee background check is not as simple as turning an employee’s name, birth day¸ and social security number over to a credit reporting agency and… More »
- What are the Penalties for Franchise Disclosure Violations?
  In this week's post we discussed a case regarding personal liability for a violation of state franchise disclosure laws. Here is an infographic outlining the potential exposure for violations of franchise disclosure laws!
- We have made it into a workbook compilation!
  Did you see this timeline? Did you find it helpful? We have put together a workbook compilation. The workbook compilation has the need to know information for franchisors and worksheets to compile the data for updating the franchise disclosure document. The timeline is just one of the tools in the workbook! To see a preview… More »
- Zappos gets Zapped!
  A security breach involving 24 million customers is a bad day. Having to go to court to defend yourself against a class of angry customers is equally a bad day. That is exactly where Zappos.com is. In January of this year, Zappos notified 24 million of its customers that a security breach had occurred. The… More »
- Failed Franchise Registration Results in Huge Personal Franchisor Liability
  How can a really sweet deal turn into a really bad nightmare? That is perhaps what two franchise founders are saying to each other about now. Michael and Kathy Butler (collectively the “Butlers”) are seasoned public relations folks. Michael Butler has had his own PR firm for 30 years. The Butlers came up with the… More »
- No Money in the Bank? Your franchise agreement is terminated!
  There are countless grounds for termination of a franchise agreement. Failure to pay royalties is most assuredly grounds of termination of the franchise agreement. Abandonment of the franchise business is another sure bet for termination of the franchise agreement. Not operating franchise business in compliance with franchise standards, transferring franchise assets without franchisor approval, under… More »
- Non-English Speaking Franchise Prospect, What is a Franchisor to do?
  So you have a franchise prospect. The prospect’s native language is not English. Maybe the franchise prospect is not very fluent in the English written word. Do you have to translate the franchise disclosure document into another language? The quick answer is ‘NO.’ US franchise disclosure laws do not require franchisors to translate the franchise… More »

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Trademarks Rights at Risk!

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