Miami, FL commercial litigation attorney Robert Zarco talks about the common trends he sees in IP & Trademark disputes and litigation. In the franchise arena, various intellectual property issues commonly arise, particularly related to trademark use. A notable scenario unfolds during the termination of a franchise relationship, wherein the franchisee seeks to continue business operations using the established trademark—a brand often familiar to the customer base. However, the franchisor typically opposes this, giving rise to trademark disputes.

Moreover, challenges may emerge when franchisees employ intellectual property owned by the franchisor or other businesses, either appropriately or inappropriately. This proprietary intellectual property may be subject to misuse or usage beyond the agreed-upon scope, resulting in disputes. For example, a franchisee might employ a trademark to sell products in a physical location but could misapply it by distributing the same brand’s products through mail or the internet without the franchisor’s authorization. Similar issues may extend to other commercial relationships involving licensing agreements or exclusive distributorships, where intellectual property assumes a pivotal role.

These concerns have gained increased prominence due to significant technological advancements in society.