McAfee & Taft represents both franchisors and franchisees engaged in local, regional and national franchising and licensing activities in several industries, including franchises with operations throughout the United States and abroad. We assist franchisors in the drafting and preparation of franchise, distribution and ancillary agreements, and disclosure documents. We also monitor state and federal compliance in franchising activities, including the registration of franchises with the various state regulatory authorities.
We represent clients in all areas of their franchise relationships, including:
- Coordinating trademark, service mark, and trade name searches and selection of names and marks
- Monitoring trademark registrations
- Sales of franchised or company-owned outlets
- Establishing franchisee councils
- Assisting in the development of internal compliance procedures
- Negotiating special provisions or modifications of agreements with prospective franchisees or franchisors and their counsel
- Advising clients regarding dealer terminations and contract performance
- Representing franchisors before state and federal franchise regulatory authorities
- Assisting in the structuring or restructuring of organizations engaged in franchising operations
- Trademark and territory disputes
Our practice thus encompasses not only specific franchise laws, but also general transactional law (including corporate, securities and tax law), litigation and arbitration, intellectual property law, and antitrust, competition and trade regulations matters, which allows us to offer superior, comprehensive service to our clients.