Plave Koch attorneys have been active in the international sector for more than 20 years. At last count, collectively we have worked on franchise matters in well over 75 countries.
Our services include:
Taking U.S. franchisors abroad. We draft and negotiate master franchise/subfranchise, multiple-unit development, and direct franchise deals for U.S. brand owners, and we help them comply with the increasing number of franchise sales laws in other countries. In July 2007, we obtained the first two registrations issued by the Chinese government to U.S. franchise brands under China’s 2007 Franchise Regulation. We also handle many of the ongoing franchise system issues that franchisors encounter, such as renewals, ownership changes, refinancings, defaults, termination, and dispute resolution.
Bringing foreign franchise concepts on-shore. We help foreign franchisors bring their concepts to the U.S. market. For an overview of the legal issues, see [link to International Sales and Marketing Manual survey].
Protecting trademarks and domain names. We register trademarks and manage portfolios in other countries for many clients. We also recover hijacked domain names that use or mimic our clients’ marks. Please see the description of our trademark and domain name services for more information.
Licensing and commercial deals. We draft and negotiate joint venture, broker, commissioned agency, distribution, license, and other non-franchised arrangements for business expansion in other countries. We handle purchasing arrangements between U.S. clients and foreign suppliers involving INCOTERMS and the United Nations Convention on the International Sale of Goods. We guide clients on foreign exchange rules, letters of credit, commercial agency regulations, and technology transfer issues.
Managing local counsel. When our clients need legal representation in other countries, we call on a trusted network of in-country lawyers and trademark agents. Because we are not beholden to make referrals to any particular firm, overseas office, or organization, we can recommend local counsel free of economic interest, based solely on their merits and shared values. If desired, we “quarterback” their activities to save clients time and money, using our experience to define specific questions, control the scope of the responses, and assess the fees charged.