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The Ice Miller Blog

Exemption-Based Franchising in Indiana – Do you Qualify?

December 7, 2017 by Christina Laun Fugate, Partner
All franchises are governed by the Federal Trade Commission’s Federal Franchise Rule, which requires franchisors to create and provide to prospective franchisees a Franchise Disclosure Document (“FDD”) before they are legally permitted to sell a franchise. Fourteen states, including Indiana, have enacted state laws that require franchisors to register their FDDs with the state prior to offering or selling a franchise. Nine of these registration states provide some form of an exemption from the registration (and in some cases, disclosure) requirements. Indiana is one of them. This article provides an overview of exemptions that may apply to franchisors looking to offer their franchise business in the state of Indiana.


Franchising: Are You Ready to Expand Your Brand?

November 29, 2017 by Christina Laun Fugate, Partner
As 2017 quickly comes to an end, it’s time to start putting together your business plan and evaluate your goals for 2018. Are you a business owner who has developed a proven model of success? Do you have a recognizable brand? Are you looking to grow your brand and expand?  If the answers to these questions are “yes,” you might be ready to take the next step to make your business a franchise. While not all businesses are cut out to become a franchise, here are some initial factors to consider in determining whether franchising is the right model for you.


A Franchise Dispute is Brewing

A flurry of litigation is brewing over the Ohio Alcoholic Beverages Franchise Act (the Act) as Great Lakes Brewing Company seeks to require its distributor to obtain Great Lakes’ approval before changing ownership. The case is currently taking a second lap before the Sixth Circuit to determine whether Great Lakes violated the Act.



Franchisors – Don’t Delay!

“Act now, don’t delay.” That was the important lesson that a federal court recently handed down to franchisors when the court denied Noble Roman’s claim that its franchisee violated the federal Lanham Act. This decision is an important reminder to franchisors that they must be diligent in their efforts to discover violations of the franchise agreement, and to the extent they find any violations, to promptly preserve their right to pursue enforcement and damages.


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