Monthly Archives: January 2015

Things to Consider Before Buying a Franchise

Before you sign on the dotted line with an agreement for a Florida franchise, make sure you’ve conducted your research and feel confident about your decision. Without knowing all your rights and responsibilities you could end up frustrated, so due diligence is critical for your new enterprise. There are several factors you’ll want to consider in depth before committing to a franchise, first of which is the type of experience that’s required, or best suited, to running this kind of business. Without insuring that the franchisor has a proven track record for franchisee support, specifically, training, advertising and volume purchasing power, the franchise will likely struggle to survive and likely fail. Make sure that you have a complete understanding of... Read More

What Are the Basic Elements in a Copyright Infringement Claim?

Although each copyright infringement case will have some unique factors, there are some common elements for most cases. All copyright law is governed by Federal Law. Accordingly, all state law statutes creating rights in original works, such as books, sculpture, photographs, music are not pre-empted by Federal Law. Copyright law does not however supplement other Federal protection for securing comparable rights. For example, a design patent is still available to protect ornamental feature of a structure. Similarly, unique, non-functional features of a product, which are distinctive and identify/associate the creator of the product with the product, are also protectable under both State and Federal laws precluding unfair competition. Copyright law can be summarized as an “anti-plagiarism” statute. It prohibits duplication... Read More

What’s the Best Way To Resolve an Intellectual Property Dispute?

There are three (3) primary ways that you can resolve an ongoing intellectual property dispute: litigation, mediation, or arbitration. Each have their own advantages and disadvantages. Mediation and arbitration are unlike litigation in that they happen out of court, but they have been shown to be effective in intellectual property disputes. Faro & Associates has extensive experience is each of these three alternatives. Factors which dictate the selection of one, or a combination of the foregoing alternatives, are highly fact specific. Notwithstanding, the so-called “alternative dispute resolution” choices to litigation are by no means appropriate for all disputes – “one size does not fit all”. I personally believe that mediation is undesirable for dispute resolution because it presupposes that the... Read More