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Franchisor Brand Responsibility

Business Law discussions

Franchisor Brand Responsibility

Postby darik2 » Wed Jun 11, 2014 12:06 pm

I'm a multiple-unit franchisee to get a nationwide franchised business.  on the net and elsewhere, rivals are employing the precise copyrighted title of the company (without the group R) and therefore are creating amazing harm to my businesses.  Decades of confirming these violations towards the franchisor have experienced no impact at-all, and that I am merely informed, "Oahu Is The web, there is nothing we are able to do about it".  Is there any liability about the area of the franchisor for declining to safeguard the brand that I'd to buy?
darik2
 
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Franchisor Trademark Liability

Postby Marven » Sat Jun 14, 2014 4:02 am

bk7698:Is there any responsibility about the area of the<br />
franchisor for failing to safeguard the<br />
Brand that I'd to buy? Depends upon the conditions and terms of one's business agreements. But I am betting that they're created for that safety of the franchisor and never you. Nevertheless, IF YOU SHOULD BE being broken then I believe you've the best and choice to document case against whoever is utilizing the brand and creating your income to endure. Sadly, which means it is you that'll need to set up the cash to get a lawyer and also the required lawsuit. Perhaps you could possibly get additional franchisees to processor directly into purchase the lawsuit.  
Marven
 
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Franchisor Trademark Liability

Postby Boell » Sat Jun 14, 2014 5:49 am

Liability? No. However, failure to act reasonably to protect one's mark can result in the loss of rights in the mark.
Boell
 
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Franchisor Trademark Liability

Postby Rashawn » Wed Jun 25, 2014 10:10 am

adjuster jack:However, if YOU are being damaged then I

think you have the right and option to file a

lawsuit against whoever is using the

trademark and causing your revenue to suffer.
Nope. A non-exclusive licensee has no standing to bring such an action.
Rashawn
 
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