The franchisee-franchisor relationship has often been referred to as the little guy against the big guy. Franchising may encompass the seemingly innocuous defining characteristics of distribution, know-how, brand identification, profits, risk, independence, control, and standards, but there is...

Franchising is a system of marketing and distribution where an independent businessperson, the franchisee, is granted the right to market the goods and services of another, the franchisor. As a vehicle for entrepreneurship and investment, franchising allows for efficient expansion of good...

Since its inception, franchising has proven to be a very popular business model. It is easy to see why. Franchising provides a method for businesses to expand quickly and inexpensively into various markets. A business accomplishes this task by licensing its name and trademark as well as selling...

For many years, the rise in number of international units operated by U.S. franchisors has outpaced domestic growth. As the trend toward globalization accelerates, franchise owners must determine the most effective methods to protect their intellectual property rights wherever they do business....

In Mac's Shell Serv., Inc. v. Shell Oil Prods. Co., 559 U.S. 175 (2010), the Supreme Court held that a service station franchisee pursuing a claim of constructive termination against the franchisor must, under the Petroleum Marketing Practices Act, 15 U.S.C. §§ 2801-2841 (1978), abandon the...

Commentary, case law, and business practices all indicate the need for consumers to recognize a franchisee's independence and to understand the basic legal implications thereof. These consumers should know with whom they are dealing and what that means for the prospective liability of...

Cognitive biases play a fundamental part in franchisor-franchisee deal making. Ordinarily, franchisors have more power and information than do franchisees. The disparity between these parties is often exacerbated by the franchisees' psychological dispositions. Are franchisees biased or...

Franchises serve as a potential avenue through which direct investment can be made into new markets. However, the current state of franchise law and related concepts such as the franchisor's or franchisee's goodwill are still underdeveloped. This Article reviews the franchise laws in key...

Territoriality, including the fear of encroachment, evidently is one of humanity's primal, ubiquitous concerns. No matter the context (personal or commercial), no matter the group (small or large, simple or sophisticated), territorial concepts present themselves. Examples abound. For instance,...