Document Type
Note
Abstract
Business format franchising is an increasingly popular business method. However, as franchisors expand across the United States, they may be forced to adapt the characteristics of their products to conform to local cultures. Often this need collides with the demands of trademark law; namely, the rule against naked licensing and the quality control requirement. This Article examines the intersection of these two concepts and argues that the quality control requirement should be abandoned in the context of business format franchising.
Part II examines the development of the rule against naked licensing and the quality control requirement. First, it explains the common law of trademarks and the quality requirement. First, it explains the common law of trademarks and the quality assurance function of trademarks. Then, it explores the development of the rule against naked licensing and the quality control requirement. Finally, it summarizes several criticisms of the quality control requirement. Part III discusses the quality control requirement in the context of business format franchising. First, it provides a brief overview of the history of franchising and several types of franchise relationships. Second, it explores the role of local culture in business format franchising. Finally, it examines the reasons for abandoning the rule against naked licensing in the context of business format franchising.
Recommended Citation
Michelle S. Friedman,
Naked Trademark Licenses in Business Format Franchising: The Quality Control Requirement and the Role of Local Culture,
10 J. Tech. L. & Pol'y
(2005).
Available at: https://scholarship.law.ufl.edu/jtlp/vol10/iss2/6