Loss of Trademark: A Franchisor’s Worst Nightmare

Franchise agreements are essentially fancy trademark license agreements. The heart of the franchise agreement is the licensing by a franchisor to a franchisee of the use of the franchisor's system, which includes the franchisor's trademarks. By definition, under both the FTC's franchise disclosure rule and state franchise registration and sales laws, generally speaking, if there is no trademark license or equivalent, there is no franchise.

Read the full New York Law Journal article, "Loss of Trademark: A Franchisor's Worst Nightmare."