Practice Areas
- Corporate/Business Law
Franchise Law is the area of law revolving around the right or license that is granted to an individual or group to market a company’s goods or services in a particular territory under the company’s trademark, trade name, or service mark.
Franchising in the United States is governed by federal law administered by the Federal Trade Commission (FTC) and by a variety of state statutes. Franchise laws differ greatly from state to state. The state of Florida regulates franchising through “business opportunity” acts.
What is a Franchise?
A franchise is a retail outlet owned by independent, third party operators through which a company distributes its products or services. The independent operator does business using the marketing methods, trademarked goods and services and the “goodwill” and name recognition developed by the company. In exchange, the independent operator pays an initial fee and royalties to the owner of the franchise.
The company that grants the independent operator the right to distribute its trademarks, products, or techniques is known as the franchiser. The independent, third party business person distributing the franchiser’s products or services through retail or service outlets is called the franchisee.
If you or someone you know has questions or legal issues with a franchise, please call or email the law office of Boyette, Cummins & Nailos, PLLC, and we will provide valuable guidance and advice in making decisions regarding your franchise. Some of the services we offer include, but are not limited to:
-Providing you with legal guidance and advice on whether to franchise or pursue other means of distribution and growth.
-Providing you with legal guidance and insight on growing your franchise or distribution systems domestically and internationally, and wherever opportunity may be present.
-Legal counsel on multi-unit ownership and co-branding. Providing you with a variety of transactional, litigation and dispute resolution services.
-Representation of area developers and representatives, sub-franchisors, multi-unit and single-unit franchisees, licensees, dealers, distributors, and independent franchisee associations in transactional, litigation and dispute resolution matters.
