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What's in a Name? Name Disputes in the Geographical Expansion of Franchises
The goal of most franchised businesses is to achieve household name recognition on a nationwide basis. Achieving that goal through nationwide expansion, however, is easier said than done. Expansion raises a number of significant issues, not the least of which is whether the name of the franchised concept is identical or confusingly similar to the name of a similar business in the geographic areas under consideration and/or in other remote areas where the franchisor is not currently operating, but may be so doing in the future.
Indeed, at the time new geographic areas are being preliminarily assessed for expansion, or even before, a franchisor or its agents may be surprised to discover one or more similar businesses in remote geographic areas operating under the same or a closely similar name. This discovery is often the cause of much consternation for the franchisor, and it can lead to a number of legal issues:
- Can the franchisor challenge that third party's use of a confusingly similar name in the remote geographic area?
- If so, when can or should such a challenge be brought?
- If the challenge is not brought immediately, does the franchisor risk forfeiting the right to ever challenge that use as a result of “sleeping on its rights”?
Priority Considerations
If no federal registration is involved, trademark rights are territorial in nature. In other words, the right of a franchisor to use its name will generally extend throughout the geographic areas in which its system does business. As a practical matter, this means that a third party's adoption and use of a confusingly similar name for a similar business in a geographic area remote from the franchisor's system will result in the third party acquiring rights superior to the franchisor in the third party's geographic area. This is true even if the third party's adoption and use of its name has occurred after that of the franchisor, so long as the third party's adoption was both in a geographically remote area and in good faith (eg, was not done with knowledge of the franchisor's operations).
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.