Rush Charles Nigut’s Answers

Rush Charles Nigut

West Des Moines Franchise Lawyer.

Contributor Level 8
  1. Franchise Contract question?

    Answered about 5 years ago.

    1. Kevin Brendan Murphy
    2. Earl Kenneth Mallory
    3. Rush Charles Nigut
    3 lawyer answers

    You should consult a franchise attorney in your state. Franchising is a specialized area of law and your typical business lawyer/litigator may not be aware of franchise specific issues. In general, a franchise agreement must outline the reasons that would allow the franchisor to terminate the agreement. If there is nothing in the franchise agreement that specifies the minimum revenue standards, it is possible for you to have a defense to the termination. It is critical to have a franchise...

    1 person marked this answer as helpful

  2. A franchise is threatening to sue my small business for selling a similarly named item. What can I do?

    Answered about 5 years ago.

    1. Kurt Van Thomme
    2. Kevin Brendan Murphy
    3. Rush Charles Nigut
    3 lawyer answers

    You need to speak with a trademark and/or intellectual property attorney in your state. In general, an issue is likely whether "Candy Bouquet" is trademarked or protected by the franchise business. Typically, if you market your product under a name that cannot be confused with the trademarked name, you should be able to market your product without infringement. Whether "Candy Assortment" or "Candy Arrangement" is confusing is hard to say. Could be. You might need to think more creatively....