Licensing and Regulation
Regulations of the Marketplace
  • Trademarks and Service Marks
    • likelihood of confusion
    • public domain
    • trademark registration
  • Copyright
  • Illegal Satellite Reception
  • Music Performances
    • BMI
    • ASCAP
    • consequences for performing music without a license
  • Antitrust Problems
    • the Sherman Act 1890
    • the Clayton Act 1914
    • penalties
      • dissolution
      • divestiture
      • possible jail time
      • substantial fines
      • treble damages
    • application of the per se rule
      • price-fixing agreements
      • territorial division agreements
      • group boycott
      • resale price maintenance agreements
      • price discrimination
      • exclusive dealing contracts
    • application of the rule of reason
      • territorial restrictions
      • monopoly
      • tying agreements
      • mergers
Franchising
  • a franchise is an agreement in which the owner of a trademark, service mark, or copyright licenses others, under specific conditions, to use the mark or copyright in the sale of goods or services
  • Nature of the Franchise Relationship
  • Benefits to the Franchisee
  • Benefits to the Franchisor
  • Fraud and Breach of Contract
  • Disclosure Requirements for Franchisors
  • Termination
Regulation of Internal Affairs
  • Guest Register
  • Rates
  • Mandatory Recycling
Licensing and Zoning
  • Licensing
    • a license is a special privilege
  • Principle of Granting Licenses
    • compliance with laws
    • fair application of the law
    • past use of the property
    • administrative procedure
  • License Fees
  • Consequences of Operating Without a License
    • penalties and fines
    • loss of protection of law
  • Revocation or Suspension of a License
    • cause for revocation or suspension
    • due process
  • Zoning
    • process by which local government can restrict the ways property owners can use their land

back to the top of this page
back to the Hospitality Law and Ethics Home Page
back to Professor Fisher's Home Page

 
this page is maintained by Reed Fisher
last updated January 15, 2011