A Comparative Study on Obligations of the Franchisor and the Franchisee Regarding Trademarks Under Korea and USA Law PDF Download
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Author: Joo-Hee Min
Publisher:
ISBN:
Category :
Languages : en
Pages : 19
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Book Description
As trademarks are essential to the running of the franchise business, issues regarding the trademarks would be the fundamental consideration for the contracting parties. This study discusses obligations of the franchisor and the franchisee regarding trademarks under Korea and USA laws. Legal questions concerning trademarks are identified, and solutions which the contracting parties should take into account are suggested. Firstly, the franchisor should have trademark rights or the right to license to use a trademark. And the franchisor must take control to maintain the value of its trademark and to prevent misleading use of its trademark by the franchisee. But as the extent of control is not provided under Korea and USA laws, the adequate control clause should be included in the franchise agreement. Secondly, for preventing the public confusion or deception, the franchisee is required to adequately use a trademark. Moreover once the infringement of a trademark arises, the franchisee shall inform the franchisor of infringement of trademark rights. This duty is helpful to appropriately deal with infringement of a trademark.
Author: Joo-Hee Min
Publisher:
ISBN:
Category :
Languages : en
Pages : 19
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Book Description
As trademarks are essential to the running of the franchise business, issues regarding the trademarks would be the fundamental consideration for the contracting parties. This study discusses obligations of the franchisor and the franchisee regarding trademarks under Korea and USA laws. Legal questions concerning trademarks are identified, and solutions which the contracting parties should take into account are suggested. Firstly, the franchisor should have trademark rights or the right to license to use a trademark. And the franchisor must take control to maintain the value of its trademark and to prevent misleading use of its trademark by the franchisee. But as the extent of control is not provided under Korea and USA laws, the adequate control clause should be included in the franchise agreement. Secondly, for preventing the public confusion or deception, the franchisee is required to adequately use a trademark. Moreover once the infringement of a trademark arises, the franchisee shall inform the franchisor of infringement of trademark rights. This duty is helpful to appropriately deal with infringement of a trademark.
Author: American Bar Association. Forum Committee on Franchising
Publisher: American Bar Association
ISBN: 9780897079358
Category : Business & Economics
Languages : en
Pages : 156
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Book Description
Author:
Publisher:
ISBN: 9789464730883
Category :
Languages : en
Pages : 0
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Book Description
Author: Peter J. Klarfeld
Publisher: American Bar Association
ISBN: 9781590311141
Category : Business & Economics
Languages : en
Pages : 528
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Book Description
This is a state-by-state analysis of covenants against competition in the franchise context, addressing how franchise covenants have been interpreted and enforced under each state's law. It allows comparative research and analysis of the subject.
Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280522655
Category : Law
Languages : en
Pages : 71
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Book Description
Franchising is one of the fastest and most popular means of business expansion. At the core of franchising is the licensing of intellectual property rights. Packed with examples and tips, this practical guide for business people outlines different types of franchise and takes you through the franchising process, identifying the key issues to consider at each stage.
Author: J. Grant Walker
Publisher:
ISBN:
Category : Franchises (Retail trade)
Languages : en
Pages :
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Book Description
Author: Radwa Salah Elsaman
Publisher:
ISBN: 9781267328946
Category : Franchises (Retail trade)
Languages : en
Pages : 365
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Book Description
Time could not be better to discuss having a franchising law in Egypt. Legal reform is highly needed to recover from the economic impact of the January Revolution and to improve the chances for foreign investment.
Author:
Publisher: American Bar Association
ISBN:
Category : Franchises (Retail trade)
Languages : en
Pages : 422
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Book Description
Author: W. Michael Garner
Publisher: American Bar Association
ISBN: 9781570739729
Category : Law
Languages : en
Pages : 988
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Book Description
Franchise Desk Book is your primary reference to the text of generally applicable franchise registration, disclosure and relationship statutes and accompanying regulations. You'll benefit from the expert commentary on franchise statutes and cases that provide you with a look behind the scenes with respect to the covered state's laws. In addition, this manual includes annotations of reported and unreported cases that are arranged and keyed to topics that franchise lawyers need and can understand, such as franchise fees, exemptions from registration and more. The unique annotation system that is designed specially for franchise lawyers will allow you to put your finger on cases that focus upon the issues that matter most.
Author: Philip F Zeidman
Publisher: Law Business Research Ltd.
ISBN: 1912377594
Category :
Languages : en
Pages : 815
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Book Description
Franchise, edited by Philip F Zeidman of DLA Piper, provides international analysis for corporate counsel and cross-border legal practitioners in key areas of franchise such as: governing bodies, laws and agencies, exemptions and exclusions from franchise laws, ground rules for franchise termination, restrictions on foreign entities and investments, confidentiality covenants in agreements, restrictions on franchise agreements, and good faith obligations and franchise relationships. In an easy-to-use question and answer format, trusted and reliable information on key topics of law and regulation in this area is provided by leading practitioners covering 25 jurisdiction, including China, Mexico, Malaysia, South Africa and Thailand. "e;The comprehensive range of guides produced by GTDT provides practitioners with an extremely useful resource when seeking an overview of key areas of law and policy in practice areas or jurisdictions which they may otherwise be unfamiliar with."e; Gareth Webster, Centrica Energy E&P
