The CALI website will be unavailable beginning Saturday December 27, 2025 at 8:00 AM ET continuing through no later than 8:00 AM ET on Tuesday December 30, 2025
We are going to make necessary and critical updates to our systems during this timeframe. While we anticipate using only a portion of the time, members should be prepared for the site being offline for the full 3 days. During this maintenance window www.cali.org and other sites including Classcaster, Lawbooks, and our authoring systems will be unavailable.
Subject Outline
History & Overview
The Rise of Franchising
Advantages and Disadvantages of Franchising
What is a Franchise?
Overlapping Federal and State Jurisdiction
The Federal Trade Commission (FTC) Definition
State Definitions
What is Not a Franchise: Exemptions from Regulation
Trademark Law and Licensing
Trademark Theory and Overview
Trademark Policy
Trademark Basics
Requirements for Registration
The Spectrum of Conceptual Strength
Functionality
Trade Dress
National Rights versus Regional Rights
Ownership, Assignment & Licensing
Rights of Initial Registrant
Assignment and Licensing
Abandonment
Violating the Markholder's Rights
Trademark Infringement
Trademark Dilution
Cybersquatting
Defenses to Infringement
Nominative "Fair Use"
Remedies
Equitable Relief
Damages and Profits
Restrictions on Offering Franchises for Sale
The Franchise Disclosure Document (FDD)
Purpose and Overview
Selected Disclosures in Details
Line 4: Franchisor Litigation
Line 7: Estimated Initial Investment
Line 8: Restrictions on Sources of Products and Services
Line 9: Franchisee's Obligations
Line 11: Franchiser's Promise of Assistance
Line 12: Franchisee's Sales territory
Line 13: Licensing Franchisor's Trademarks
Line 16: Restricting What the Franchise May Sell
Line 17: Ending the Franchise Relationship
Line 19: Franchisor's Financial Performance Representations
Structuring the Franchise Relationship
The Franchise Agreement (FA)
Purpose and Overview
Selected Contract Provisions in Detail
Implied Right to Future trademarks, Goods and Services
Franchisor as Exclusive Source of Inventory and Equipment
Franchisor's Duty to Assist in Real Estate Development
Shopping Mall Exclusivity
Franchisee Vulnerability to Loss by Condemnation
Franchisor's Control of Franchisee
Termination and Non-Renewal
What is "Good Cause"
What is not "Good Cause"
When May Franchisor Obtain "Lost Future Profits"
How Broad is Franchisors Exculpatory Clause Defense?