Insights: Publications Franchising 101: Key Takeaways for IP Lawyers

The Licensing Journal Vol. 39 No. 6

On March 26, Kilpatrick Townsend’s Brand Licensing and Franchise Partner Marc Lieberstein paired up with Jason Adler, General Counsel at Cellairis, a global franchisor in the wireless accessory and repair retail space to present a webinar titled, “Franchise 101 for IP Lawyers.” The following article is an overview of U.S. franchising, based on that webinar which addressed the importance of compliance with federal and state laws governing franchising, the valuable role of trademarks and other IP assets for franchisors, and how to spot a franchise in other related IP transactions, like trademark license agreements. The webinar also covered current topics in franchising, such as joint employment liability and avoiding the associated franchise risks, as well as data security, the new Item 19, changes in arbitration, corporate social responsibility in franchising, and the latest developments around nonsolicitation/”no-poaching” provisions regarding franchisee employees.

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