2001 Franchise Opinions

The Business Law Section is compiling the complete Interpretive Opinions concerning franchise issues from the State of California Department of Corporations.

Here is the archive for 2001. The archive for this year is complete.

  • Opinion No. 01 / 1F - September 7, 2001

    Summary: License Agreement fulfilled the second element of a franchise (marketing plan or system prescribed in substantial part by franchisor) as the franchised unit was (1) required to be operated under the name and logo of licensor; (2) required to use certain "trade dress" (i.e., the distinctive color scheme which is used by the licensor); (3) required to use certain menu items and prices; (4) prohibited from changing the location of the franchised unit without the licensor's consent; (5) prohibited  from using licensor's mark in connection with any other location or any other business without licensor's consent; (6) granted an exclusive or protected territory; (7) prohibited from changing the marks without licensor's consent; and (8) required to use food products similar to those food products marketed by the licensor, etc.

    Key Words: 31005, trade dress, color scheme, prescribed marketing plan or system, logo, trademark, menu, prices, location, territory