UK Franchise Opinion and News

Franchise Opinions highlights the latest opinions, news and trends in UK franchising. The authors, all experts in franchising, are happy to share their advice and views with you.


Franchise non compete clauses

Article by John H Pratt Hamilton Pratt

All franchise agreements contain both in-term non compete clauses and post term non compete clauses. In-term restraints prevent franchisees and the principals who have established the franchise from competing during the term of the franchise agreement. Franchisees and their principals are generally also required to devote their whole time and attention to the franchised business unless they have obtained the franchisor’s permission.

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Avoiding liability for the actions of your franchisees

Article by Nicola Broadhurst Stevens and Bolton

A big dilemma for franchisors in an increasingly litigious society is how far can they go in controlling and helping their franchisees succeed before they fall into the trap of becoming so closely involved with them that they run the risk of being liable for any injury or loss caused through the latter’s negligence.

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Why franchisors resort to deeper gagging clauses

Article by Manzoor G.K. Ishani Sherrards

Manzoor Ishani, of Sherrards, reports that gagging clauses are becoming more commonplace in franchise agreements and warns of the dangers that franchisees may face by defying them.

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4 top direct-mail tips

Article by Dee Blick The Marketing Gym

The Chartered Institute of Marketing has hailed direct mail the comeback kid. Ignore it at your peril! Here are 4 tips to help you.
1. Establish objectives for mailing - If your aim is to continue selling your products or services in a mature market and you have a healthy client base, direct mail is ideal for selling more to existing customers. Information rich communications with genuine offers underpinned by great value will do the trick. But you have to know why you’re mailing; what you hope to achieve because this will feed in to your messages and your communications.

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Are you a serial under seller?

Article by Dee Blick The Marketing Gym

It does not automatically follow that because you love what you do, you’re great at selling. Yet sales are the lifeblood of your business. Many a good business has failed to make the big time because they ignored marketing and sales. They slide into serious underselling without even realising it.

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What franchisors should do to protect their brand and intellectual property rights

Article by Graeme Payne Bird & Bird

In this second article relating to a franchisor's intellectual property rights, Graeme examines the practical and legal steps that franchisor's should take to protect their brand. Regarding enforcement of intellectual property rights ("IPRs"), this article examines both the array of potential protection techniques as well as the scenario where a franchisor's franchisee infringes the franchisor's intellectual property rights.
 

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Protection of key intellectual property rights for franchisors

Article by Graeme Payne Bird & Bird

Graeme Payne, Partner in the international Franchising, Licensing and Multi-Channel Strategies Group at Bird & Bird examines the key intellectual property rights that form part of a franchise business and how they should be protected. The key intellectual property rights which typically form part of a franchise business concept are: trade marks; domain names; copyright – particularly in respect of materials such as the operations manual, website text and advertising, marketing and promotional literature – and database rights.

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How to take the chill out of that telephone cold call!

Article by Dee Blick The Marketing Gym

A few years ago I was invited by a blue-chip brand to provide some intensive telephone training for their clients – an eclectic group of commercial insurance brokers. What became obvious as the day progressed was that most of these guys were setting unrealistic targets for their telemarketing teams and then becoming disillusioned when they failed to reach them. For example, they would expect a cold prospect to agree to a meeting on the strength of one telephone call alone. By the end of the day most had realised the error of their ways and resolved to focus instead on setting realistic targets based on ‘meaningful conversations’.

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