Legal Question in Business Law in California

I want to franchise my business

I want to franchise my business. I have an antique business which also does business on the internet. People like my unique approach and have asked about opening a franchise in other states. Can you help?


Asked on 10/31/99, 1:17 pm

1 Answer from Attorneys

Jed Somit Jed Somit, Attorney at Law

Re: I want to franchise my business

There are a lot of legal issues in franchising a business. Franchise

agreements are governed heavily by state law, and you may need any agreement to

be registered in and approved in each state in which you grant "franchises". You

may first have to make sure that any "intellectual property" involved in your business,

like its name and logo, are properly registered and do not infringe on other marks. You

would have to protect any confidential information so that franchising does not allow a

franchisee to go into competition.

Initially, your business must be analyzed and evaluated for what specific aspects would be

"franchised". Is it the manner of doing business which is attractive, the name, etc. What stops

anyone else from copying your business style without being a franchisee?

In short, your issues are complex and require lengthy consulation with an attorney (or several), and

can't be answered on a "can you help me" basis.

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Answered on 11/01/99, 8:57 pm


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