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D avid L Steinberg has been a practicing attorney for over 16 years specializing in the field of franchise law and licensing. Mr. Steinberg has represented numerous franchisors, licensors and network marketing companies operating throughout the United States. His current and past clients include national franchisors in the fast food, automotive, retail clothing, real estate, home improvement and retail computer industries. As former general counsel to Inacomp Computer Centers, Inc., |
a publicly held corporation, Mr. Steinberg is experienced in understanding and analyzing issues affecting both franchisors and franchisees. He is a member of the American Bar Association's Forum Committee on Franchising, as well as the State Bar of Michigan's Subcommittee on Franchising, Dealerships and Distribution. He is producer and host of "Legal Talk" and "Franchise Focus", on the Continental Cablevision System in the state of Michigan, airing in 14 cities in the metropolitan Detroit area. |
What is a
Franchise?
A "Franchise" exists when the following three(3) elements are
present:
(a) The Franchisee is granted or licensed the right to operate a
business offering or selling
goods
or services under a
marketing plan or system required by the Franchisor;
(b) A Franchise Fee is paid for the licensed rights; and...
(c) The Franchisee is licensed to use the Franchisor's trademark,
service mark, trade name or
logo
of the franchise
company.
While franchising is regulated by state and federal laws, whether a certain
business practice falls within the definition of a "Franchise" under the law is
often not clear unless the particular business practice being licensed and the
relationship between the licensor and the licensee are carefully analyzed. An
experienced franchise attorney can assist you in making this determination as
well as advising you as to your rights and obligations.
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