Delain Law Office, PLLC, a law firm concentrating in franchise law with offices in Schenectady, New York, and practicing both nationally and internationally, partners with select clients to effectively use the state and federal laws governing franchises to maximize their income and enhance the quality of their business life.

Often, the best way to realize the potential of our clients’ useful or creative work is to license that work under a franchise agreement to other parties.

What Is a Franchise?

A franchise is a license agreement that requires another party to utilize the franchise owner's intellectual property, including trademark, trade dress, patent, copyright, and other intellectual property, in a manner set forth by the franchise owner. Examples of successful franchises include familiar fast food chains such as McDonald's® or Burger King® or higher-end restaurants such as Olive Garden. Other types of businesses can also be franchised, such as Home Depot® or Staples®.

The franchise owner markets his intellectual property to persons who wish to use the existing property in business. The franchise owner generally provides help with location, marketing and advertising, any proprietary methodologies, training, supplies, and all the "trappings" of the franchise. The party being licensed for the franchise generally provides a down payment and a percentage of the income from the business.

The franchise owner must oversee and police the use of his intellectual property zealously. In this way, all franchise outlets have the same look and feel, which is required for the franchise to operate successfully. McDonald's provides a good example of a well-policed franchise; the look-and-feel of the stores in New York is the same as the look-and-feel of the stores in California or Kansas or France or Japan.

It is important to be careful when setting up and running a franchise to avoid running afoul of antitrust laws and regulations.

How Can We Work Together To Form My Franchise?

At Delain Law Office, we combine our knowledge of and experience in negotiating, reviewing, and preparing franchise agreements together with the information provided to us by our client during exploratory meetings to create a comprehensive intellectual property franchising strategy. We believe that the most appropriate solutions result from direct communication with our clients, preferably in face-to-face meetings, although we are happy to work via telephone, fax and email if distance requires that.

Contact us for more information about any of the materials on this website.