A few weeks ago I posted here and published an article in the @FWBusinessPress about the proposed legislation to adopt a version of the Uniform Trade Secrets Act in Texas. I am happy to now report that the Legislature and Governor Rick Perry have made that proposal a reality. Late last week, Gov. Perry signed... Continue Reading →
Back Off…That’s My Trade Dress!
Franchise systems, like businesses in general, no doubt recognize that today’s ever-increasingly competitive marketplace means taking those extra steps to ensure brand recognition. For retail businesses, this translates into creating familiar impressions which pass the drive-by-look test. In other words, will the typical consumer driving or walking down the street see a storefront and recognize... Continue Reading →
Texas Legislature to Consider Uniform Trade Secrets Act
Texas is one of only four states which have not adopted the Uniform Trade Secrets Act. Indeed, the state of Texas actually has no body of law specifically focused on trade secrets; leaving considerations and evaluations of proprietary information and its use or misuse to an amalgamation of common law and other related but decentralized... Continue Reading →
Business Formation and Expansion Program
I am pleased to announce that the Texas Wesleyan School of Law is presenting a program next week on current issues in business formation and expansion. I will be presenting a discussion on franchising, licensing, and internal expansion strategies as well as moderating a panel of experts on the tax planning considerations every business owner... Continue Reading →
A Salute to the Franchise World on Veteran’s Day
This post is somewhat different from my usual but, then again, this day (yesterday officially) is unlike any other day of the year. Being a veteran and now being involved in the franchise world, it is incredibly rewarding for me to see the efforts being made by the franchise industry to assist our warriors as... Continue Reading →
FTC Issues New FAQ Which Might Require Revisions to ITEM 12 Territory Disclosure
On October 16, the FTC issued FAQ #37 which disallows franchisors from claiming to award an “exclusive territory” if it reserves the right to open franchised or company outlets in so-called “non-traditional venues” like airports, arenas, hospitals, hotels, malls, military installations, national parks, schools, stadiums and theme parks. Many franchisors have long excluded these closed... Continue Reading →