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
  • 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

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