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29 Franchise L.J. 1 (2009-2010)

handle is hein.journals/fchlj29 and id is 1 raw text is: QUARTERLY JOURNAL OFTHE FORUM ON FRANCHISING VOLUME 29, NUMBER I • SUMMER 2009 In This Issue FLJ Is Truly a Labor of Love .............................. 2 DEBORAH S. COLDWELL n her valedictory column as editor-in-chief, Deb Coldwell acknowledges the many people who have contributed to the success of the Franchise Law Journal. A Practical Guide to Sweepstakes and Contest Promotions .................................. 3 TYWANDA H. LORD AND LAURA C. MILLER C ontests and sweepstakes are used widely in franchis- ing to generate consumer interest, revenue, and brand awareness. But to avoid the traps hidden in state and federal regulations, franchisors, franchisees, and their lawyers should carefully consider how to structure promotional games. Trade Dress: What Does It Mean? ................ 10 SCOTT C. SANDBERG N o federal statute defines trade dress, but it is a critical and often overlooked asset. Franchisors frequently do not identify their trade dress until a competitor has copied it. The sooner a franchisor identifies the distinctive and non- functional features of its trade dress, the better positioned it will be to protect this valuable asset. The FTC Franchise Registry: ItsTime Has Come ........................................ 17 KEITH KANOUSE he state franchise registration process, virtually unchanged for nearly forty years, is archaic, time-con- suming, and expensive; offers little protection for prospec- tive franchisees; and relies on antiquated technology. The author suggests a national registry of all franchises to avoid the crazy quilt of conflicting regulations and provide more help to franchisors and prospective franchisees alike. Overview of U.S. and EU Antitrust Rules for Franchisors ............................................... 23 ALISON C. MCELROY AND PHILIP HALEEN F ranchisors seeking to enter the European Union should be aware of the impact that the antitrust laws have on many practices that are common in U.S. franchises. Franchisors must review their agreements and practices for each mar- ket, according to the authors, who suggest that they look at their market share, the importance of the franchise know- how, and the nature and proportionality of any clauses that restrict the franchisee. Standard Form and Relational Contracting in Franchising .................................................. 31 ELIZABETH C. SPENCER W hat franchises need, suggests the author, is not more regulation but rather rules that are tailored to specific situations. In Australia and elsewhere, franchise regulations have focused primarily on tools (and one tool at that-disclosure) rather than process. Disclosure is not especially appropriate for regulating standard form and relational contracts. Instead, it should be only one step in an overall process. Franchising & Distribution Currents ............. 40 JASON J. STOVER, DAVID M. BYERS, AND C. GRIFFITH TOWLE A detailed review of recent franchise and distribution case law. Franchise Law Journal (ISSN: 8756-7962) is published quarterly, by season by the American Bar Association Forum on Franchising, 321 North Clark Street, Chicago, Illinois 60654-7598. Franchise Law Journal seeks to inform and educate members of the bar by publishing articles, columns, and reviews concerning legal developments relevant to fran- chising as a method of distributing products and services. Franchise Law Journal is indexed in the Current Law Index under the citation FRANCHISINO. Requests for permission to reproduce or republish any material from the Franchise Law Journal should be sent to copyright@abanet.org. Address corrections should be sent to coa@abanet.org. The opinions expressed in the articles presented in Fran- chise Law Journal are those of the authors and shall not be construed to represent the policies of the American Bar Association and the Forum on Franchising. Copyright © 2009 American Bar Association. Produced by ABA Publishing.

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