Franchise advice

[nasdaqsam]

What is the name of your state? NY

I am currently looking into a franchise but have found out that the one I want is not licensed in NY nor do they have any intentions of doing so in the near future. My question is since I like the idea of what they are doing I would still like to go ahead with the idea and open my own business with out their franchise. I know I can not use their name but can I use a similar name and similar concept for my place?

What do I have to be carefull of in order to not create future legal problems in doing so?

Thanks in advance

 

[HomeGuru]

What is the name of your state? NY

I am currently looking into a franchise but have found out that the one I want is not licensed in NY nor do they have any intentions of doing so in the near future. My question is since I like the idea of what they are doing I would still like to go ahead with the idea and open my own business with out their franchise. I know I can not use their name but can I use a similar name and similar concept for my place?

What do I have to be carefull of in order to not create future legal problems in doing so?

Thanks in advance

**A: and what are your ideas this far?

 

[nasdaqsam]

Re: Re: Franchise advice

**A: and what are your ideas this far?

Why does that make a difference in the answer to the question I asked?

 

[oberauerdorf]

Well it was certainly nice to have met you. Good bye

 

[nasdaqsam]

Well it was certainly nice to have met you. Good bye

Am I missing soemthing here?

I asked a question -- received no reply's other than to ask what my idea is and when I simply ask why that matters you get smart.

When, where and how was I being in the least bit rude to the point that warranted your remark?

 

[divgradcurl]

nasdaqsam,

when the more senior members on this site ask a question, there is usually a good reason for it. When the response is "what do you need to know that for" rather than a response to the question, they would rather move on than play 20 questions with someone. A lawyer may be willing to play 20 questions when they are able to charge $300+ per hour, but are less inclined to do so when advising for free.

Now, to your question. The reason why oberauerdorf asked what the business was is because whether or not you can open your own business with a "similar" idea is dependent on what kinds of IP protections the franchisor might have. For example, if the franchise in question is a burger joint, then sure, you could open a burger joint yourself. You'll have to be careful not to name any of your burgers with names that are the same or "confusingly similar" to the original franchise's names, or come up with a color scheme that is the same or "confusingly similar" to the color scheme of the original franchise, etc. You'll want to talk with a lawyer about trademarks and trade dress to avoid stepping on someone else's rights.

However, if the idea is more "specific," for lack of a better word, than a generic"burger joint," then the possibility of other IP rights come into play, such as patents, copyrights, and trade secrets. Without knowing more about the business, it's hard to advise you whether or not it is safe or not for you to open your own business without getting the franchisor involved.

Of course, you could also simply go to a local attorney and pay for the advice -- but he or she will want to know what the business is too!

 

[oberauerdorf]

Just to set the record straight Diva, HG asked about the nature of the idea....I just came along for the ride

 

[nasdaqsam]

Thank you for the reply. I now see where HomeGuru was coming from, which is what I was looking for when I posted my reply. The interent is not always an easy form of communication. My Apologies.

I really didn't want to post the exact details over the interent but I guess this field is wide open anyways. The franchise is for sports themed hair salons that cater to only men. What I want to do is open my own salons with the ultimate outcome being to franchise myself. It would have a different name but not much different simply because it has to scream sports to be effective and the colors are easy enough to play with.

Would it be wise to discuss more details such as name similarities over the interent? I would to discuss this further but not sure how much I should disclose.

Help is appreciated

 

[divgradcurl]

Good point. I guess sometimes I think of all of the senior members as fungible...

 

[nasdaqsam]

Just to set the record straight Diva, HG asked about the nature of the idea....I just came along for the ride

No hard feelings. I'm just looking for advise. It's all good!

 

[divgradcurl]

"Thank you for the reply. I now see where HomeGuru was coming from, which is what I was looking for when I posted my reply. The interent is not always an easy form of communication. My Apologies.

I really didn't want to post the exact details over the interent but I guess this field is wide open anyways. The franchise is for sports themed hair salons that cater to only men. What I want to do is open my own salons with the ultimate outcome being to franchise myself. It would have a different name but not much different simply because it has to scream sports to be effective and the colors are easy enough to play with.

Would it be wise to discuss more details such as name similarities over the interent? I would to discuss this further but not sure how much I should disclose.

Help is appreciated"

Although the mere "idea" of a sports-themed hair salon cannot be protected by itself, there are numerous possible trademarks here floating around waiting to be infringed. Although I said "different colors" above, in practice trade dress is more complicated than mere colors, and when you add in the "confusingly similar" part, it can get tricky in a hurry.

This is something that you'll definitely want to discuss with a local attorney who can review ALL of the facts. A few $$$ spent now will help avoid heartache in the future!

 

[nasdaqsam]

[QUOTEAlthough the mere "idea" of a sports-themed hair salon cannot be protected by itself, there are numerous possible trademarks here floating around waiting to be infringed. Although I said "different colors" above, in practice trade dress is more complicated than mere colors, and when you add in the "confusingly similar" part, it can get tricky in a hurry.

This is something that you'll definitely want to discuss with a local attorney who can review ALL of the facts. A few $$$ spent now will help avoid heartache in the future! [/B][/QUOTE] Thanks again.

I see what you mean be being "confusingly similar". I'm not sure of any other way to approach the idea though. Sports in the name is mandatory to draw the clientel. Sports theme.....well there are a ton of bars/pubs etc that all use the theme, mens hair cuts are mens hair cuts. Seems simple enough.

So now the quandry is how do you do the same thing but be different? If we use other franchises as examples, how much closer can you get than the two big burger places for one or how about muffler shops or car rental agencies? Some are so close you can't tell which one is which. I'm assuming some of these have been tested by the courts on occasion.

I plan on seeking the advise of an attorney in the near future but there are problems with that also. One, it will only be advise until it is challenged and ruled on, which ultimitly would be something we would want to avoid. and Two, this small town I live in has no franchise specific lawyers.

The sad part of this is that I am willing to buy the franchise but they have no intentions of moving into this state anytime soon and I am ready to move on the idea.

 

[HomeGuru]

Now I lost interest in this thread.
I had a long response since I once owned a franchise.

 

[HomeGuru]

Thank you for the reply. I now see where HomeGuru was coming from, which is what I was looking for when I posted my reply. The interent is not always an easy form of communication. My Apologies.

I really didn't want to post the exact details over the interent but I guess this field is wide open anyways. The franchise is for sports themed hair salons that cater to only men. What I want to do is open my own salons with the ultimate outcome being to franchise myself. It would have a different name but not much different simply because it has to scream sports to be effective and the colors are easy enough to play with.

Would it be wise to discuss more details such as name similarities over the interent? I would to discuss this further but not sure how much I should disclose.

Help is appreciated

**A: it's the internet pal not the interent.

 

[nasdaqsam]

Now I lost interest in this thread.
I had a long response since I once owned a franchise.

Interesting response