Why Private Equity May Be the Preferred Vehicle for Franchise Expansion
March 01, 2006
Why is private equity funding the hottest thing in franchising today? In the past 12 months, private equity buyouts have included well-known brands such as Cinnabon, Church's Chicken, Taco Bueno (a regional taco maker), and regional frozen dessert operator Rita's Italian Ice.
Court Watch
March 01, 2006
Highlights of the latest franchising cases from around the country.
News Briefs
March 01, 2006
Highlights of the latest franchising news from around the country.
Mexico Amends Its Franchise Law
March 01, 2006
On Jan. 26, 2006, an amendment to the Mexican Industrial Property Law (<i>Ley de la Propiedad Industrial</i>) ("IPL") became effective. The new amendment mandates new requirements for presale franchise disclosure and for franchise agreements. To comply with the law, most franchisors will need to change their existing forms of franchise agreements used in Mexico.
Franchise Brokers: Buyer Beware
March 01, 2006
Franchisors face major challenges in finding the right sales personnel and being able to afford them, and in developing and funding the right marketing strategy. One tempting way to handle these challenges is to hire a sales broker to do it all.
Public Productivity for Patent People
March 01, 2006
Does anyone remember this scene? "Call on 2 for Joe Jones!!" "Hold 2!!" Before cell phones, that was how you reached someone in the USPTO Public Search Room in Crystal Plaza 3 of Crystal City. Joe disappeared into a phone booth to conduct his business.
A Word from the Editor: Are the Patent Laws About to Change?
March 01, 2006
The Supreme Court has recently taken an increased interest in patent cases. In recent months the Supreme Court has granted certiorari on a trilogy of patent cases: <i>Medimmune, Inc. v. Genentech, Inc.</i>, case number 05-608, on Feb. 21, 2006 (<i>www.supreme courtus.gov/docket/05-608.htm</i>); <i>Ebay, Inc. v. MercExchange, L.L.C.</i>, case number 05-130, on Nov. 28, 2005 (<i>www.supremecourtus.gov/docket/05-130.htm</i>) and <i>Lab Corp. of Am. Holdings v. Metabolite Labs, Inc.</i>, case number 04-607, on Oct. 31, 2005 (<i>www.supremecourtus.gov/docket/04-607.htm</i>). Collectively, the decisions in these cases could reshape the patent landscape: addressing the right of licensees to challenge patents, the ability of patent holders to secure injunctions and the breadth of business method patents. More specifically, the questions before the Court in the three cases are set forth below.
Web-based Patent Marking: A Better Mousetrap
March 01, 2006
Correcting an inefficient paradigm can sometimes result in significant innovation. There is an opportunity to create such innovation within the world of Intellectual Property ("IP") by changing the method by which patented products are "marked." Traditionally considered to be an issue associated primarily with the quantification of damages in patent enforcement litigations, modifying the patent statute to allow for patent marking via the Web could potentially result in a significant, long-lasting, positive change within the world of IP that extends far beyond the quantification of patent damages.
