Franchising World articles from July 2003

Franchising World archives from July 2003

The legal atmosphere of franchising. (In This Issue).
July 1, 2003... The legal atmosphere of franchising, like all sectors of our global society, continues to change, adapt and renew itself with astonishing frequency. No greater evidence of that fact exists than the growing variety of intricate and complex...

Self-regulation: a fresh approach to franchise relations. (Mediation. Arbitration. Litigation).
July 1, 2003... In any relationship, the potential for disagreements and misunderstandings exists, and the franchise relationship is no exception. Litigation and government regulation are ways to deal with such problems, but both often result in irreparable...

Developments in alternative dispute resolution: do limitations on remedies undermine arbitration agreements? (Mediation. Arbitration. Litigation).
July 1, 2003... Fifty percent of American marriages fail. Less reliable information is available on the failure rate of franchised businesses. Whatever the real numbers are, unfortunately failures do occur. With failure comes anger, recrimination, and often...

Issues of compliance: good faith, encroachment and antitrust: the past year in franchising is significant mainly because of the absence of any "blockbuster" judicial pronouncements or decisions. During the 2003 IFA Legal Symposium, the author identified trends in three areas of franchise law: antitrust, the implied covenant of good faith and fair dealing, and Internet encroachment. (Mediation. Arbitration. Litigation).
July 1, 2003... Antitrust In the antitrust area, courts continued to set the bar high to establish antitrust claims. While plaintiffs tried to maximize a defendant's market share by limiting the scope of the alleged market, courts have not hesitated to...

Recent developments in consumer class actions. (Mediation. Arbitration. Litigation).
July 1, 2003... Everyone took notice last year when the "obesity class action" lawsuit was filed in New York against McDonald's. But the judge presiding over the case Pelman v. McDonald's Corp., took a dim view of the plaintiffs' claims, dismissing them with...

Federal enforcement and regulatory update: all quiet on the Western Front--an apt description of the state of federal regulatory and enforcement action during the past year. (Mediation. Arbitration. Litigation).
July 1, 2003... Proposed Revisions to FTC Rule Another year has gone by and the highly anticipated Federal Trade Commission (FTC) Rule revisions have not happened. Notwithstanding the aspirations reflected in the comments of Howard Beales, director of the...

Judicial update: if it's true that an area of law can develop by fits and starts by truly momentous cases, or through a slow but steady accretion of sensible decisions, franchising's development in 2002 was more the latter.
July 1, 2003... Judicial update: if it's true that an area of law can develop by fits and starts by truly momentous cases, or through a slow but steady accretion of sensible decisions, franchising's development in 2002 was more the latter. Most of the reported...

State regulatory developments in franchising: in 2002 and the first part of 2003, states maintained their active level of enforcement and regulation of franchising. General trends include more uniformity among the states, more emphasis on relationship and dispute resolution issues, and streamlining of requirements regarding registration of franchise offerings. (Mediation. Arbitration. Litigation).
July 1, 2003... NASAA Proposed Electronic Delivery Policy April 11, 2003 Proposed Statement of Policy In April, the North American Securities Administrators Association, Inc. (NASAA), Franchise and Business Opportunity Project Group issued a request...

Association health plans will provide franchising community new health care options: "but the No. 1 problem facing small business in this country today is the rising cost of health insurance premiums." U.S. Sen. Jim Talent (R-Mo.) discussing Association Health Plans, February 12, 2003. (FW focus: legal/legislative).(Small Business Health Fairness Act)
July 1, 2003... U.S. Reps Ernie Fletcher (R-Ky.) and Cal Dooley (D-Calif.) have introduced legislation in the 108th Congress that will make it more affordable for small business owners to offer their employees health care insurance. The Small Business Health...

Hottest legal topics addressed by franchising's experts. (IFA's 36th Annual Legal Symposium).(Brief Article)
July 1, 2003... Some of the brightest franchise attorneys addressed the hottest topics in franchising at IFA's 36th Annual Legal Symposium. Over the three-day program there were robust discussions of legal and regulatory issues by many industry veterans and...

Legal strategies to enforce system standards: suing for injunctive relief and attorneys' fees and costs. (IFA's 36th Annual Legal Symposium).
July 1, 2003... Traditionally, there were two approaches to standards enforcement. The company representatives could attempt to coach and counsel franchisees into compliance, perhaps even sending warning letters or legal notices. The result of this approach is...

Time limits for franchise claims. (IFA's 36th Annual Legal Symposium).
July 1, 2003... All of us age and die. So do franchise claims. For every claim, or "cause of action," there is a statutory, or sometimes even a contractual, time period governing the right to prosecute that claim in court or in arbitration. Bringing a claim...

IFA explores formation of UFOC clearinghouse: more than half of International Franchise Association (IFA) members polled in a recent survey would favor the association making the Uniform Franchise Offering Circular (UFOC) available electronically to qualified prospective franchisees. About 22 percent strongly agreed and 32 percent agreed to make an electronic format available. (FW focus: legal/legislative).(Brief Article)
July 1, 2003... The request and review of UFOC serves as a critical point for those seriously investigating if a particular franchise system is the right fit. The document consists of more than 20 categories of information, including information about the...

ExxonMobil becomes 100th franchise company to enlist in VetFran. (FW focus: VetFran).(Brief Article)
July 1, 2003... ExxonMobil became the 100th International Franchise Association-(IFA) member company to join the growing list of franchises participating in the veterans Transition Franchise Initiative, known as VetFran. ExxonMobil Fuels Franchise Strategy...

Making franchisees your partner in technology: look "in house" for your secret weapon to combat technology failure. (FW focus: technology).
July 1, 2003... Various studies have reported that, on average, well over 50 percent of the technology projects that are started fail. What's more, many of them are fantastic concepts. Why then are so many unsuccessful? There are numerous reasons, but lack of...

Using franchisee input to implement an effective online solution: the rules for using franchisee input for building effective Web sites are broad, but sticking to a disciplined approach of combining strategic leadership with focused input pays dividends for franchisees, customers and the franchise system. (FW focus: technology).
July 1, 2003... It goes without saying that in a franchise organization, franchisee input is vital to any successful program. Nowhere is this more important than when improving franchise Web sites and facilitating online ordering. Through much trial and...

Technology post 9-11: attacks created lasting sense of community on franchise intranets. (FW focus: technology).
July 1, 2003... Our world has changed in countless ways since Sept. 11, 2001, from tightened security measures at airports to renewed personal value systems. In fact, since that haunting day for our nation, profound changes have manifested themselves in the...

It's a brand new day at Mail Boxes, Etc: the UPS Store undergoes technology transformation prior to assuming brown's brand. (FW focus: technology).
July 1, 2003... UPS and Mail Boxes Etc. (MBE) had been conducting business together for quite some time before UPS acquired MBE in April 2001. After all, what business arrangement could be better than the world's largest franchisor of retail postal and...

Turning data into usable information: in today's world, gathering data is the easy part; putting it into usable information is a lot harder. (FW focus: technology).
July 1, 2003... Many multi-unit franchise companies today share a common problem: too much data, but not nearly enough information. Restaurants, hotels, retail stores all have an overload of raw data on multiple hard drives, on stacks of customer comment...

Leading the change: transforming the franchise for greater productivity and efficiency. (FW tocus: technology).
July 1, 2003... Given the current state of the economy and the unprecedented interest in franchising from all quarters, the key question for any franchise organization and its franchisees is: Are they the fastest growing and most profitable franchise in their...

Franchise sales need a boost? New online guide ready. (FW focus: IFA member services).
July 1, 2003... Looking to jump-start your franchise sales? Check out the new online franchise opportunities section of the International Franchise Association's (IFA) Web site, www.franchise.org, which has been specifically designed to attract prospective...

International Franchise Expo attracts steady stream of qualified prospects. (FW focus: marketing).
July 1, 2003... Not even SARS, a war in Iraq, threats of international terrorism, and a shrinking U.S. economy could keep franchise exhibitors and prospects away from the 12th Annual International Franchise Expo in Washington, D.C. More than 230 exhibitors...

Professional development = improved performance and profitability: franchise executives are turning to the Certified Franchise Executive (CFE) professional development program to improve the performance of their management teams and increase their profitability. (FW Focus: educational & training).
July 1, 2003... Franchise executives and CEOs are turning to the Institute of Certified Franchise Executives (ICFE) to ensure their management teams have the skills and knowledge necessary to manage a successful franchise company. The Certified Franchise...

Trade mission to Thailand reflects growth of the sector. (FW focus: international development).
July 1, 2003... The U.S.-Thailand Business Council (USTBC), in conjunction with its partner the International Franchise Association (IFA) and the Bangkok-based Thailand-U.S. Business Council (TUSBC), will organize a trade mission for U.S. franchise companies...

Trade mission to Asia set for September. (FW focus: international development).(International Franchise Association and the US Department of Commerce)
July 1, 2003... The International Franchise Association (IFA) and the U.S. Department of Commerce will sponsor a trade mission to Asia that is designed to help franchise companies identify the best expansion prospects for their systems. The missions will...

Franchise sector supports U.S.-Chile free trade agreement. (FW focus: international development).(International Franchise Association supports free trade agreement)(Brief Article)
July 1, 2003... The International Franchise Association (IFA), part of the U.S. Chamber of Commerce's U.S.-Chile Free Trade Coalition, supports efforts undertaken by the U.S. and Chilean governments to negotiate a free trade agreement. The coalition is a...

Commerce department promotes U.S. exports to Brazil. (FW focus: international development).(Commercial Service in Brazil)(Brief Article)
July 1, 2003... Franchise companies can ease their entry into Brazilian markets using tools from the U.S. Department of Commerce's Commercial Service Office. The Commercial Service in Brazil (CS Brazil) can provide market research and trade show updates, as...

Navajo entrepreneur opens first Denny's near reservation. (FW focus: minority franchise development).
July 1, 2003... When Romero Brown opened e doors to his new 164-seat Denny's restaurant in January, 2003, it was the culmination of a long held family dream to bring jobs and opportunity to his native Navajo nation, the largest Indian reservation in the United...

Three tax traps in a family-owned business. (Blue Chip Strategies).
July 1, 2003... There are three potential tax traps that must be considered when structuring buy-sell agreements for family owned businesses. First, under IRC 2703 a buy-sell price between family members will be disregarded and the business will be...

National Franchising Week proclaimed Sept. 15-19. (Blue Chip Strategies).
July 1, 2003... To promote the contributions of business-format franchising, the International Franchise Association (IFA) has proclaimed Sept. 15-19 as National Franchise Week. Franchise leaders from around the nation will share this message with lawmakers...

Buffalo Wild Wings. (People).(Daniel Walsh new director of corporate real estate)
July 1, 2003... Daniel Walsh has joined Buffalo Wild Wings as director of corporate real estate.

Everything Yogurt Brands. (People).(J. Peter Brown appointment)(Brief Article)
July 1, 2003... Everything Yogurt Brands (formerly Restaurant Systems International) has named J. Peter Brown vice president of business development.

DreamMaker Bath & Kitchen by Worldwide. (People).(Jeff Mathews appointment)(Brief Article)
July 1, 2003... Jeff Mathews has joined DreamMaker Bath & Kitchen by Worldwide as franchise director.

The Maids Home Services. (People).(Richard Werner appointment)(Brief Article)
July 1, 2003... The Maids Home Services has named Richard Werner business coach.

Carlson Restaurants Worldwide. (People).(Timothy Pulido appointment)(Brief Article)
July 1, 2003... Timothy Pulido has been named president and chief operating officer at Carlson Restaurants Worldwide.

MotoPhoto. (People).(MotoPhoto Inc. appoints Dan Thobe and Joan Drake Durham)(Brief Article)
July 1, 2003... MotoPhoto has appointed Dan Thobe vice president of financial services and Joan Drake Durham vice president and general counsel.

The iFranchise Group recently became a member of Horwath Franchise Services Ltd. (People).(Brief Article)
July 1, 2003... The iFranchise Group recently became a member of Horwath Franchise Services Ltd., a joint venture between Horwath International and Eversheds. Leonard Swartz, director of international operations for Horwath Franchise is available to work with...

Jack in the Box. (People).(John Ramsay appointment)(Brief Article)
July 1, 2003... Jack in the Box has named John Ramsay division vice president of franchise sales and development.

Sign-A-Rama. (People).(Bill Reicherter appointment)(Brief Article)
July 1, 2003... Sign-A-Rama has named Bill Reicherter sales director.

Boston Pizza Restaurants. (People).(Boston Pizza Co. appoints Howard Terry)(Brief Article)
July 1, 2003... Boston Pizza Restaurants has appointed Howard Terry vice presidentof marketing.

Wingstop Restaurants. (People).(Scott Hill appointment)(Brief Article)
July 1, 2003... Scott Hill has joined Wingstop Restaurants as site selection director.

Embassy Suites and Hilton Suites. (People).(Hilton Hotels Corp. appoints John Anderson)(Brief Article)
July 1, 2003... John Anderson has been appointed senior vice president-operations for Embassy Suites and Hilton Suites.

Schooley Mitchell Telecom Consultants. (People).(Brief Article)
July 1, 2003... Schooley Mitchell Telecom Consultants has appointed James Young vice president of business development.

Fuddruckers Restaurants. (People).(Craig Ahrens appointment)(Brief Article)
July 1, 2003... Craig Ahrens has been named COO of Fuddruckers Restaurants.

Cendant Hotels promoted Ken Greene to president of Howard Johnson International. (People).(includes Ramada Inc. and Super 8 Motels Inc. promotions)(Brief Article)
July 1, 2003... Cendant Hotels promoted Ken Greene to president of Howard Johnson International, Mark Young to senior vice president of hotel services for Ramada, David Coffey to vice president of distribution, franchise services and Alice Lazore to vice...

Choice Hotels. (People).(Brian Parker appointment)(Brief Article)
July 1, 2003... Brian Parker has been appointed director of new business development for Choice Hotels.

Fantastic Sams. (People).(Pamela Gold new vice-president)(Brief Article)
July 1, 2003... Fantastic Sams named Pamela Gold vice president of salon management services and Sherrie Booth vice president of stylist services.

Wing Zone. (People).(Start Friedman appointment)(Brief Article)
July 1, 2003... Wing Zone has named Start Friedman executive vice president.

Buffalo Wild Wings. (People).(Michele Vig appointment)(Brief Article)
July 1, 2003... Buffalo Wild Wings tapped Michele Vig as director of marketing.

Franchise community mourns loss of McDonald's Clifford H. Raber. (In Memoriam).(former vice-president of McDonald's Corp.)(Brief Article)(Obituary)
July 1, 2003... A pioneer who created a government relations presence for the restaurant industry, Clifford H. Raber, passed away on May 23 in Kalamazoo, Mich. Raber served as vice president of government relations for McDonald's before retiring in 1995. ...

Remembering Kemmons. (In Memoriam).(Wilson Kemmons, founder of the Holiday Inn chain)(Obituary)
July 1, 2003... I remember the first time I met Kemmons Wilson, the founder of the Holiday Inn hotel chain. It was September of 1978, and I had joined Holiday Inn less than two weeks earlier. He asked me to participate in a meeting in his office and, as I...

PostNet International.(Brief Article)
July 1, 2003... PostNet International's CEO Steve Greenbaum, Exec. Vice Pres. Brian Spindel and Vice Pres. of International Development Axel Wenger were honored for recent accomplishments in the global marketplace by the U.S. Department of Commerce and U.S....

Haircolorxpress International.(company to rebrand as HCX)(Brief Article)
July 1, 2003... Haircolorxpress International will rebrand its salons HCX...

DreamMaker Bath & Kitchen.(awarded 2003 Contractor of the Year)(Brief Article)
July 1, 2003... DreamMaker Bath & Kitchen franchise of St. Louis Park, Minn. was named a 2003 Contractor of the Year by the National Association of the Remodeling Industry...

Sandy Levinson, Carlson Restaurants Worldwide franchisee, has received the company's Order of the Golden Rose Award for community involvement and for efforts to create an internal foundation.(David Epelbaum awarded Karl Davis Award)(Brief Article)
July 1, 2003... Sandy Levinson, Carlson Restaurants Worldwide franchisee, has received the company's Order of the Golden Rose Award for community involvement and for efforts to create an internal foundation. Carlson franchisee David Epelbaum, who has five TGI...

Pirtek USA.(Morgan Arundel new president of the Brevard Chapter of the Franchising Association of Florida)(Brief Article)
July 1, 2003... Pirtek USA Pres. Morgan Arundel has been named president of the newly formed Brevard Chapter of the Franchising Association of Florida, whose mission is to look after the interests of the Florida-headquartered franchises and provide education...

Franchise Insights LLC.(Brief Article)
July 1, 2003... Bill Keeble and Russ Moserowitz have established an advisory and consulting firm Franchise Insights LLC...

Choice Hotels International.(web site awarded 2003 ADDY Award)(Brief Article)
July 1, 2003... Choice Hotels International's Web site has received a 2003 ADDY Award from the Advertising Club of Metropolitan Washington...

Everything Yogurt Brands, Inc.(Brief Article)
July 1, 2003... Restaurant Systems International has been renamed Everything Yogurt Brands, Inc...

Children's Orchard.(Paul Mulcahy )(Brief Article)
July 1, 2003... Children's Orchard franchisee and former Navy rescue swimmer Paul Mulcahy, was featured on ABC Family Channel's "Living the Life"...

Express Services.(Brief Article)
July 1, 2003... Former first lady of Oklahoma Cathy Keating has joined the Express Services' board...

12 Captain D's Seafood.(franchise names Tom Sims and Lowell Hughes as Franchise Operators of the Year for 2002)(Brief Article)
July 1, 2003... Tom Sims and Lowell Hughes, operators of 12 Captain D's Seafood franchises in Kentucky, Louisiana and Ohio, were named the chain's Franchise Operators of the Year for 2002...

1-800-Got-Junk.(company president, Brian Scudamore, appears on Oprah)(Brief Article)
July 1, 2003... 1-800-Got-Junk was featured on Oprah. Pres. Brian Scudamore also appeared on the show to explain what happens to all that junk after it leaves the customer's premises...

Subway.(new location in California)(Brief Article)
July 1, 2003... Subway's 18,000th restaurant has opened in El Monte, Calif...

Express Personnel.(franchisee Nikki Sells is appointed to the U.S. Small Business Administration's Regional Regulatory Fairness Boards)(Brief Article)
July 1, 2003... Express Personnel Regional Developer and franchisee Nikki Sells has been appointed to one of the U.S. Small Business Administration's Regional Regulatory Fairness Boards serving with the Office of the National Ombudsman...

Dwyer Group.(company president, Dina Dwyer-Owens, receives award)(Brief Article)
July 1, 2003... Dwyer Group Pres. and CEO Dina Dwyer-Owens was featured on the May cover of Working Mother magazine as a national recipient of the magazine's Raising a Ruckus Awards. She was chosen for challenging the workplace status quo and honored for her...

Hilton Hotels.(Thomas J. Corcoran Jr. receives Connie Award)(Brief Article)
July 1, 2003... Hilton Hotels presented its Connie Award to Thomas J. Corcoran Jr. The award recognizes those who have demonstrated phenomenal commitment to the hotel chain with dedication to operation quality...

Express Personnel.(franchise wins Mercury Awards for excellence)(Brief Article)
July 1, 2003... Express Personnel has received four Mercury Awards for excellence in public relations and corporate communications and three Addy awards from the Oklahoma City Advertising Club...

Coverall Cleaning.(Brief Article)
July 1, 2003... Newlywed Carmen Vickers took the reins of a Coverall Cleaning franchise when her husband was deployed while on their honeymoon last May to Guantanamo Bay, Cuba, the company reported. Steve Vickers returned home in December, only to face...

Days Inns Worldwide Inc.(new location near Leeds, England)(Brief Article)
July 1, 2003... Days Inns Worldwide Inc. opened the first Days Hotel property in the United Kingdom, near Leeds...

Howard Johnson has opened its first hotel in Guatemala.(Cendant Corp.)(Brief Article)
July 1, 2003... Howard Johnson has opened its first hotel in Guatemala, a 35-room property in Guatemala City...

Precision Tune Auto Care.(Brief Article)
July 1, 2003... Precision Tune Auto Care plans to open centers in Portugal and Spain...

Mr. Appliance.(Brief Article)
July 1, 2003... Mr. Appliance has opened a franchise in George Town, the Cayman Islands...

Marble Slab Creamery.(Brief Article)
July 1, 2003... Marble Slab Creamery has signed an international agreement with Canada.

CardSmart.
July 1, 2003... Rally goers signed cards for troops as CardSmart Pres. Petter Etholm and Paramount Cards Pres. Hamilton Davison joined the host of the event, Rhode Island Gay. Donald Carcieri. Political and military leaders joined to honor Rhode Island members...

McDonald.(Brief Article)
July 1, 2003... McDonald's, along with the Diner Inside restaurants in Evansville, Ind. and Henderson and Owensboro, Ky., is teaming up with Ronald McDonald House Charities of Ohio Valley to help send area children with special physical, emotional or financial...

Great Clips.(Brief Article)
July 1, 2003... Great Clips' charity program raised more than $350,000 in 2002 for local charities, families and stylists in need...

Express Personnel.(Brief Article)
July 1, 2003... Express Personnel offices in Oklahoma offer employers in that state supplemental, qualified workers to replace those called to active duty under its Freedom Workers Master Plan. Freedom Workers will be provided at Express Personnel's basic...

Liberty Tax Service.(Military Appreciation Days)(Brief Article)
July 1, 2003... Immediate family members, such as spouses, siblings and parents of deployed military were offered the opportunity to take advantage of Liberty Tax Service's Military Appreciation Days that was April 1 to 4 to have their taxes prepared...

Subway restaurants of South Carolina have announced 10 recipients of its scholarship fund for the 2003-2004 school year.(Brief Article)
July 1, 2003... Subway restaurants of South Carolina have announced 10 recipients of its scholarship fund for the 2003-2004 school year. The program, begun in 2000, awards South Carolina Subway employees and employees' dependents a $1,000 scholarship to help...

Dwyer Group merges with private equity firm. (Transactions).(Riverside Co.)(Brief Article)
July 1, 2003... The Dwyer Group and the Riverside Co. announced a merger agreement May 12 that gives Dwyer's stockholders $6.75 for each share of common stock. Once the merger is completed, Dwyer will become privately held by Riverside and other stockholders,...

Mad Science. (Transactions).(Brief Article)
July 1, 2003... Mad Science and MGM Studios have signed a deal to create a Mad Science television show along with a line of licensed retail products...

Great Clips. (Transactions).(sponsor of No. 30 Akins Motorsports NASCAR)(Brief Article)
July 1, 2003... Great Clips kicked off its third season as primary sponsor of the No. 38 Akins Motorsports NASCAR Busch Series team...

Money Mailer. (Transactions).
July 1, 2003... Virginia Gov. Mark Warner has announced that Money Mailer will invest $8.5 million to create 160 new jobs over the next five years by locating a printing, packaging and mailing operation in Franklin, Va...