Legal Question in Business Law in Florida

''Franchise/Service Liscense Agreements''

I own a business I started 8 yrs ago. Recently I have had several diffrent individuals from differing geographical ares around the state inquire about working with/educating them on how to use my model to start their own company. I understand that a franchise agreement can be quite restrictive therefore I'minvestigating ''liscense agreements''. My company's name is a federally registered trademark, we are in the services sector and currently have 12 offices. I want to agressivly grom my business but don't want to throw caution to the wind! Any suggestions on where I can get educated on how to move forward with these like minded potential business partners?

Thank you.


Asked on 6/12/05, 6:43 am

2 Answers from Attorneys
Tonia Troutwine, Esquire - Troutwine Law Group. LLC

Re: ''Franchise/Service Liscense Agreements''

A Franchise agreement is restrictive for a reason. You are maintaining all rights to the intellectual property of the company while allowing others to copy and profit by your company's ideas. It is not a good idea to go around telling the secrets of your company without a franchise agreement in place. If you are freely giving out confidential information then the information may loose its confidential status and may be available for use by anyone without paying you a dime.

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Answered on 6/13/05, 6:48 am
Jonathan Marashlian The Helein Law Group, LLLP

Re: ''Franchise/Service Liscense Agreements''

A franchise agreement need only be as restrictive as the language you decide to draft into the agreement. Without knowing more details about the business model itself, however, it is not possible in this forum to determine whether a franchise, license, or some other agreement is most appropriate given your unique circumstances. Whatever the case, any discussions with prospective "business" partners should be engaged in subject to a Non-Disclosure/Confidentiality Agreement in order to protect any common law intellectual property rights you may have in your business model.

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Answered on 6/13/05, 7:27 am


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