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<title>Blog | Franchise Smith</title>
<copyright>Copyright (c) 2010 franchisesmith.com</copyright>
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<lastBuildDate>Tue, 10 Apr 2012 11:04:15 -0700</lastBuildDate>
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 <title>Licensing versus Franchising</title>
 <link>http://franchisesmith.com/blog/licensing_versus_franchising.en</link>
 <pubDate>Tue, 10 Apr 2012 11:04:15 -0700</pubDate>
 <description><![CDATA[Today, I read an article by a franchise attorney about the differences between "licensing" and "franchising." At first I thought "Oh, no, here we go again." I anticipated the typical "you don't need to franchise because you can just call it a license" scam. However, when I read the article I realized he was giving in simple lay language correct descriptions of state and federal franchise laws and alternatives to structure business deals to qualify for exemptions under those laws or to miss the definitional elements of the franchise laws and related regulations.
My experience has been that the majority of businesses thinking about licensing or franchising determine that the exemptions are too narrow and the ramifications of structuring to m ... <a href="http://franchisesmith.com/blog/licensing_versus_franchising.en">read more</a>]]></description>
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 <title>What we can do - be at our best.</title>
 <link>http://franchisesmith.com/blog/what_we_can_do_-_be_at_our_best_.en</link>
 <pubDate>Tue, 10 Apr 2012 11:04:15 -0700</pubDate>
 <description><![CDATA[Thanks again to Larry Dennis of Turbo Management for this thought for the day:
&nbsp;"Not long ago I talked with the manager of a local restaurant. Her unit at the Wilsonville Road / I5 interchange has been dramatically affected by construction, off ramp congestion and street closures. She described the impact and some of the creative things she has been doing to overcome the decrease in customer count. I said, "I have an idea for you." I suggested she give out free second meal coupons or free dessert coupons for the customers at the gas station next door. They could even do some wraparound promotions. I am sure their business has been impacted in the same negative way by the construction disruption. She said, "That man (referring to the o ... <a href="http://franchisesmith.com/blog/what_we_can_do_-_be_at_our_best_.en">read more</a>]]></description>
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 <title>For Franchisees - The Important First Step to Investigate a Franchise System</title>
 <link>http://franchisesmith.com/blog/for_franchisees_-_the_important_first_step_to_investigate_a_franchise_system.en</link>
 <pubDate>Tue, 10 Apr 2012 11:04:15 -0700</pubDate>
 <description><![CDATA[Recently on a franchise related internet community site, the question was asked: "What is the most important thing I shouold do when investigating whether to purchase a certain franchise?"&nbsp;
To me, as a franchisor attorney, the answer is easy - when investigating any franchise system RANDOMLY select and talk to as many existing and former franchisees in the system as possible. My rule of thumb: do so until you find at least three that are not happy either with their investment or with the franchisor. Even the best systems have a few franchisees who are not pleased. Find out why. On the other hand, bad or poorly run systems have many unhappy and vocal franchisees.
Also, always ask " who else should I talk to?"
This important first ste ... <a href="http://franchisesmith.com/blog/for_franchisees_-_the_important_first_step_to_investigate_a_franchise_system.en">read more</a>]]></description>
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 <title>FTC Modifies its Business Opportunity Rule to Protect Consumers</title>
 <link>http://franchisesmith.com/blog/ftc_modifies_its_business_opportunity_rule_to_protect_consumers.en</link>
 <pubDate>Tue, 10 Apr 2012 11:04:15 -0700</pubDate>
 <description><![CDATA[&nbsp;The Federal Trade Commission is the federal government agency that regulates the franchise industry and "business opportunities." About half the states also have their own rules related to franchises and business opportunities. Take a look at our articles related to the differences between a "franchise" and a "business opportunity" and about the interplay of federal and state laws regulating each on our website.
&nbsp;This morning the Federal Trade Commission issued the following release:&nbsp;
FTC Adds New Protections for Consumers Seeking to Work from Home
The Federal Trade Commission has approved changes to its Business Opportunity Rule that will ensure that consumers have the information they need when considering buying a work ... <a href="http://franchisesmith.com/blog/ftc_modifies_its_business_opportunity_rule_to_protect_consumers.en">read more</a>]]></description>
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 <title>Recession, Financing and a recent Oregon Experience</title>
 <link>http://franchisesmith.com/blog/recession_financing_and_a_recent_oregon_experience.en</link>
 <pubDate>Tue, 10 Apr 2012 11:04:15 -0700</pubDate>
 <description><![CDATA[&nbsp;
Thanks to my good friend Greg Hansen for sending me a July 24, 2011 article from the Eugene Oregon Register-Guard that augments my blogs of August 9 and September 5. Here are some highlights from the article entitled "Making a go of it with a franchise -More Americans are choosing an investment in ownership" by&nbsp;By Saul Hubbard and Brian&nbsp;Davies:
&nbsp;
... . [A new franchisee based in Eugene, Oregon]&nbsp;&nbsp;opted to pay the approximately &#36;200,000 in start-up costs [for his new franchise purchase] out of his own pocket because of the difficulty he had in finding financing.&nbsp;&ldquo;It&rsquo;s so tough right now to find those borrowing funds,&rdquo; he said. ...
&nbsp;
Industry experts expect 2011 to be somethi ... <a href="http://franchisesmith.com/blog/recession_financing_and_a_recent_oregon_experience.en">read more</a>]]></description>
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 <title>Recent Economic News is Still Not Good for Franchising</title>
 <link>http://franchisesmith.com/blog/recent_economic_news_is_still_not_good_for_franchising.en</link>
 <pubDate>Tue, 10 Apr 2012 11:04:15 -0700</pubDate>
 <description><![CDATA[In my August 9, 2011 entry, I describe why this recession is so different for and difficult on the franchise industry. Well, the news is not getting any better as the following announcements from International Franchise Association newletters show:
&nbsp;
On September 2, 2011, the IFA said the following in its newletter:
&nbsp;
"IFA research showing increasing pessimism among franchise executives echoes a number of studies that reflect a gloomy outlook on the economy. A study by Gallup found that American confidence in the economy has dipped to 2009 levels. Consumer sentiment, meanwhile, has dipped to its lowest point in three decades, according to an index maintained by Thompson Reuters and the University of Michigan."
&nbsp;
And:
& ... <a href="http://franchisesmith.com/blog/recent_economic_news_is_still_not_good_for_franchising.en">read more</a>]]></description>
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 <title>Pearls From My Clients - Turbo Management</title>
 <link>http://franchisesmith.com/blog/pearls_from_my_clients_-_turbo_management.en</link>
 <pubDate>Tue, 10 Apr 2012 11:04:15 -0700</pubDate>
 <description><![CDATA[I have a number of clients who produce newsletter and blog articles for their business. Larry Dennis from Turbo Management recently wrote:
&nbsp;
"Ray, service manager for a well-established tire and retread company, told Session 9B of the Leadership Development Lab:
&nbsp;
&nbsp;"A few weeks ago, one of my serviceman dismounted 147 tires, and mounted 43 additional tires. I created an 81/2 X 11 poster using my word document program that read, "Ricardo, The King - New Worlds Record - Thank You For Your Hard Work." I put the poster on our bulletin board near the time clock where everyone would see it. The response of other service team members was, &lsquo;We can do that much in half the time.' It's nice to have this kind of friendly compe ... <a href="http://franchisesmith.com/blog/pearls_from_my_clients_-_turbo_management.en">read more</a>]]></description>
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 <title>Why this Recession is Different for Franchising</title>
 <link>http://franchisesmith.com/blog/why_this_recession_is_different_for_franchising.en</link>
 <pubDate>Tue, 10 Apr 2012 11:04:15 -0700</pubDate>
 <description><![CDATA[I have focused my law practice on franchising and its alternatives since 1982. During that time, periodically, our economy has gone through recessions. Some short lived and some more serious. Each recession held one thing in common, I was busy. During good times there was plenty to do, during a recession there was even more.
&nbsp;
Why? During a recession some businesses do well while others struggle. Those that do well are noticed and, if franchisable, become a magnet for potential franchisees. During a recession there always are a larger number of prospective franchisees &ndash;especially those who have been displaced, downsized or cut-back.&nbsp; As a result franchising blossoms as the labor and talent pool moves from businesses that a ... <a href="http://franchisesmith.com/blog/why_this_recession_is_different_for_franchising.en">read more</a>]]></description>
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 <title>What's In A Name? - Picking the Right Name Can Make All the Difference</title>
 <link>http://franchisesmith.com/blog/what_s_in_a_name_-_picking_the_right_name_can_make_all_the_difference.en</link>
 <pubDate>Tue, 10 Apr 2012 11:04:15 -0700</pubDate>
 <description><![CDATA[Today, a new client asked my advice about how to develop a memorable and protectable&nbsp;name for his exciting new franchise system. I think you will find my response helpful and informative:
The best and strongest and most protectable names for a business or franchise system are made-up,&nbsp;unusual or "coined" words such as Kodak, Exxon, Xerox.
&nbsp;
The weakest and least protectable are geographic (NorthWest, New York, Teton, American, International, etc.) or descriptive (Running League, Grocery Store, Good Restaurant, etc.) Unusual descriptive names can work sometimes &ndash; for example the word &ldquo;Maid&rdquo; in a house cleaning service has become&nbsp;common (Merry Maids, American Maids, Molly Maids, etc.) however, &ldquo;M ... <a href="http://franchisesmith.com/blog/what_s_in_a_name_-_picking_the_right_name_can_make_all_the_difference.en">read more</a>]]></description>
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 <title>Connect with Franchise Smith on Twitter, Linkedin and Facebook</title>
 <link>http://franchisesmith.com/blog/connect_with_franchise_smith_on_twitter_linkedin_and_facebook.en</link>
 <pubDate>Tue, 10 Apr 2012 11:04:15 -0700</pubDate>
 <description><![CDATA[You can now connect with Franchise Smith on Facebook, Linkedin and Twitter!&nbsp; Whatever your favorite social media tool you use the most, connect with us to get updates directly from our blog to you!&nbsp; <br /><br />Stay informed with the latest news from Franchise Smith!<br /><br /><a href="http://twitter.com/franchisesmith" target="_blank">http://twitter.com/franchisesmith</a><br /><br /><a href="http://www.facebook.com/home.php#!/pages/Franchise-Smith/129779197092986" target="_blank">Become a Fan on Facebook</a><br /><br /><a href="http://www.linkedin.com/company/franchise-smith" target="_blank">Connect with us on Linkedin</a><br /><br />We look forward to hearing from you!]]></description>
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