Intellectual Property Attorney Lists Common IP Mistakes

If you're building a start-up company you are rightfully excited about your venture. Don't make the mistake of putting off intellectual property concerns until later. Without paying attention to your company's intellectual property, you could inadvertently cause growth of your business to slow or stop. An intellectual property lawyer like those at Zarco Einhorn Salkowski & Brito, P.A. can be an invaluable ally in protecting your hard work.

Originating an Idea Is Not the Same as Owning It

If you are considering starting your own business and are currently employed, do not use employer resources like computers, fax machines, or photocopiers, in the development of any ideas that could become protected intellectual property. Doing so could give your employer reason to assert rights to that intellectual property. Even an unrelated new venture could prompt action from a former employer and their business litigation attorney.

Securing Rights from Contractors Is Critical

Use of contractors and outsourcing is the norm today, and it is essential that you proceed with contractors only after having an agreement addressing intellectual property rights. Without this type of agreement, technology developed by your contractor could result in a dispute over intellectual property ownership and a call from a business litigation attorney. Having an intellectual property attorney create an IP agreement for contractors is a very wise move.

Premature Disclosure Can Jeopardize IP Rights

It is only natural that you are eager to announce your ideas. But without careful planning, a public announcement could hinder your ability to secure some intellectual property rights. As just one example, disclosure of confidential information could jeopardize trade secret rights, and public disclosure of an invention could result in loss of patent rights outside the United States.

Not Staying on Top of IP Issues Can Cause Big Problems

While inventing and creating are exciting, intellectual property law often is not. But it is critical to the success of your business that you invest in counsel on intellectual property rights with an IP law firm like Zarco Einhorn Salkowski & Brito, P.A. Ignoring mounting IP issues can cause problems with loss of rights and missed opportunities.

USA Franchise Lawyer Gives Brief Overview of Buying a Franchise

The USA franchise lawyer has to have broad knowledge of franchise laws in different states and how they affect people who want to buy or sell a franchise. If you are considering going into business by buying a franchise, working with a franchise lawyer from the
beginning will help you understand the many responsibilities you will have as a franchise owner, and can prevent costly mistakes.

Capital Investment and Your Interests Are Key

Before choosing a franchise, you must fully understand what level of capital investment you can make. The cost of buying a franchise varies tremendously, and you want a franchise that is reasonable for your financial situation. Also, you should choose a franchise that speaks to your interests. You will be spending considerable time running your franchise, so it's important that you choose one that aligns as well as possible with what you like to do.

The Franchise Application

When you choose a franchise, you will have to complete a franchise application, which may ask for credit and background information and see if you meet criteria set forth by the franchisor. Franchisors must provide potential franchisees a Uniform Franchise Offering Circular (UFOC) containing information about the franchise's history, finances, contracts, and requirements. Having a franchise lawyer review the UFOC with you is wise.

Franchisor Standards of Conduct

Franchisors are required under the law to act fairly and "with good cause." They must follow standards in the event of termination, non-renewal and changes in competitive circumstances. The specifics of these laws vary from state to state, and that is another reason to work with a franchise lawyer starting as soon as you decide to buy a franchise.

Why It's Smart to Check out Franchisee Law Firms

Franchisee law firms help potential franchise owners understand their obligations and requirements in order to buy a franchise. They can explain confusing terms in the UFOC and make sure you understand any and all contracts you sign with a franchisor. And, should the franchisor try to terminate your franchise improperly, your franchise lawyer will have your back and help you ensure you exhaust all avenues of recourse.

Franchisee Lawyers Help Franchise Buyers Avoid Costly Mistakes

Franchisee lawyers focus attention on Item 19 in franchise disclosure documents (FDDs) which covers financial performance. While not all franchisors provide Item 19 disclosures, a growing percentage of them do, probably to help them stand out against other franchises competing for buyers. Whether or not your franchisor includes Item 19 disclosures, your franchisee attorney will demand clarity about earnings.

Becoming a Single Unit Operator

There are not as many single unit franchise owners as there used to be. The trend toward multiple unit ownership is strong, and it's not as easy to become a single unit franchise owner today. However, that doesn't mean it's impossible. Improved access to credit may benefit those who want to become single unit operators, but in reality, many franchisors prefer working with only a handful of multi-unit franchisees to dozens or hundreds of them.

Litigation and Healthcare Laws

Many franchise law cases in 2012 had to do with the distinction between "franchisees" and "employees," and your franchisee attorney should stay abreast of current case law in this area. Additionally, new franchise owners must prepare themselves for requirements of the Affordable Care Act, specifically requirements for franchises with 50 or more full-time employees. Preparing now can help things go smoother in 2014 when the law kicks into high gear.

The FTC and Franchises

The Federal Trade Commission regulates franchises at the federal level, and your franchisee lawyer should stay up to date on FTC rules and clarifications the FTC sometimes issues about their rules. Often these rule interpretations have to do with geographic territories and exclusivity that could affect your franchise significantly.

The "Accidental" Franchise

Sometimes people find themselves operating as a franchise without even realizing it. If you are using someone else's trademark for a fee, under certain state laws, you could be a franchisee unintentionally. The FTC has a list of criteria that makes a business a franchise, and if you are entering into a business that fulfills those criteria, it may be subject to both federal and state laws governing franchises. This is yet another reason to work with a franchise lawyer as soon as you make the decision to become a franchisee.

Is Franchising Right for You? Franchise Lawyers Can Help You Decide

Did you know there are nearly three quarters of a million franchise-related businesses in the United States? Franchises are appealing because they allow franchise owners to build a business on an established brand. However, running a franchise comes with many restrictions you might not face if you owned an independent business. You will pay fees to the franchisor in order to use their trademark and business model, and both parties sign a contract defining rights and obligations.

Protecting the Franchisor's Reputation

Because your franchise business stands on the reputation of the franchisor, you will have to follow certain contractual obligations to protect that reputation. You will probably have to make your store look very similar, if not identical, to others in the franchise, and you will almost certainly not be allowed to sell products other than the franchisor's products. Employees will have to follow certain rules, and you will have to get approval for advertisements.

Training and Who Pays for It

You and your employees will have to undergo training on business operations. Most franchisors provide this for free as part of your agreement. You may train at other franchise stores, or you may go to a specific training location. Make sure the franchisee attorneys helping you clarify who is paying for training before you sign the franchise agreement.

Franchises and Fees

Generally, franchisees pay periodic royalties, which are calculated as a percentage of your sales, or as a percentage of your profits. You will also pay a one-time up front fee to start your franchise. Your franchisee lawyer should help you determine if you also have to buy certain supplies from the franchisor. Anti-monopoly laws do restrict franchisors' ability to force you to buy their products, however.

Franchisee Attorneys Should Be Helping You from the Beginning

Franchise lawyers should be on board with you as soon as you decide you want to buy a franchise. From helping you understand franchise disclosure documents to dealing with problems like contract termination, these legal professionals can prevent expensive mistakes and help you get your franchise off to the best possible start.

Turn to Franchise Attorneys in Miami When Changes Affect Your Franchise

Getting out of a franchise can be complex and painful. Your franchise agreement may contain non-compete covenants prohibiting you from owning a similar business for a year or more. If you want to get out of a franchise, selling it is the easiest way, but that's not always possible. Franchise attorneys in Miami can help you explore all your options for getting out of a franchise.

Selling Your Franchise

Selling a franchise is different from selling an independent business. Franchisors sometimes say they will help you find a buyer if you want to sell, but when it comes down to it, they're often not much help at all. What's more, many franchisors charge big franchise transfer fees and fees for training new owners. It may sound counterintuitive to have an exit plan when you first buy a franchise, but it's a smart move.

When Mergers and Acquisitions Affect Your Franchise

Franchisees may call upon a franchise law firm when their franchisor is part of a merger or acquisition. When this happens, the franchisee often feels like the business they have ended up with is not the business they thought they were buying. When your franchisor is taken over by new owners, your franchise may become a pawn in corporate games you want no part of. A franchise lawyer can help you protect your rights when a merger or acquisition changes your business.

When Termination or Non-Renewal Threatens Your Business

Getting a termination notice from your franchisor is like getting fired. You may have signed an agreement preventing you from working in a similar business for a certain period of time after termination, and this can seriously affect your ability to earn a living. A franchise lawyer can help you understand what your options and rights are as a franchisee. You may be able to stop the termination, or be awarded damages if you were wrongfully terminated.

Work With a Franchise Law Firm From the Beginning

Get your franchise off on the right foot by working with a franchise lawyer from the beginning. You can prevent problems and understand better how to proceed should problems occur.

The Business Litigation Attorney and Franchises in Florida

The Federal Trade Commission states that a franchise is a business relationship with three specific elements:

           ·          The licensing of a right to use a trademark or trade name

           ·          The payment of a franchise fee (including up front and ongoing fees)

           ·          Some type of marketing plan, control, or assistance on the part of the franchisor

Franchises are governed by federal and state laws. A business attorney may deal with franchise disputes as part of his or her practice.

Franchise Disclosure Documents

Franchise disclosure documents (FDDs) require disclosure of 23 separate items to prospective franchisees. One of the most important disclosures is representations of financial performance, and a franchise lawyer often gets involved with disputes regarding this particular disclosure.

Unfair or Deceptive Practices

Franchisors must be very careful not to make assertions or statements that contradict the statements in the FDD. When a franchisor makes general misrepresentations, overstatements, or misstatements, he or she may be the target of litigation by a franchisee who expected a more favorable financial outcome. A franchisor's assertions may or may not rise to the level of fraud.

Is it Fraud?

A business litigation attorney with experience in franchise litigation may have to deal with franchisee allegations that a franchisor committed fraud. Fraud indicates intentional false statements were made, and is harder to prove than assertions of other state franchise law violations. A franchise lawyer works with a franchisee and advises whether state franchise laws were breached or whether a franchisor committed fraud by deliberately making false statements in order to sell a franchise.

Violations of Florida's Franchise Act

Charges of unfair or deceptive practices often have to do with financial performance disclosures in an FDD. A franchisor is not allowed to provide a prospective franchisee with earnings or sales projections beyond what is required in the FDD, and information disclosed in an FDD must not be misleading. If you are thinking of buying a franchise, your smartest move is to work with a franchise attorney from the very beginning to prevent misunderstandings and to know how to interpret information in your FDD.

How Franchisee Law Firms Help Build American Dreams

Running your own franchise can be a dream come true, or it can be a nightmare. While franchising itself is a great way to have your own business, there are dishonest franchisors who are very good at separating franchisees from their money. A franchisee attorney knows franchise contracts and what the responsibilities are for both franchisor and franchisee. Having a franchise attorney on your side can get you off to a great start.

What Does the Franchise Disclosure Document Say?

The franchise disclosure document, or FDD, is provided by the franchisor, and certain information is required to be disclosed in this document. Franchisee law firms have the expertise necessary to understand these documents and help franchisees know exactly what they can expect. Don't wait until you've paid the franchise fee. Work with a franchise attorney from the start to protect your interests.

Information is Power

The more you know about your franchisor and what the terms of the franchise agreement are, the more likely you are to make a good decision about whether to sign a franchise agreement. There are legal issues with franchising that can be very complicated, but a franchisee attorney can explain these issues to you so you have the knowledge you need to make a good choice about which franchise is a good fit for you.

When Your Contract Isn't Renewed

Sometimes everything is going fine for several years, but then the franchisor decides not to renew your franchise contract. If you find yourself in this situation, you should contact your franchise lawyer and explain the situation. You may have legal recourse, and if so, your lawyer can help you understand your options and choose how to proceed.

When You Are the Victim of Franchise Fraud

Unfortunately, franchise fraud is a problem. Some franchisors make unrealistic claims or otherwise refuse to live up to the terms of franchise contracts. A franchise law firm can be your staunchest ally when you become the victim of franchise fraud. Franchisors who engage in fraud need to be stopped, and with the help of an experienced franchisee lawyer, these franchisors can be held accountable.