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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