Kevin Brendan Murphy’s Answers

Kevin Brendan Murphy

San Francisco Franchise Lawyer.

Contributor Level 15
  1. Franchising A Business in California

    Answered over 2 years ago.

    1. Kevin Brendan Murphy
    2. Min Kyung Chai
    3. Kevin Samuel Sullivan
    4. Curtis Lamar Harrington Jr
    4 lawyer answers

    As a franchise attorney, I can say the exemption you are referring to is the "Experienced Franchisee" exemption under Section 31106 of the California Franchise Investment Law. The exemption can apply if any of the following three conditions exist: (1) One or more of the owners of the prospective franchisee owning at least a 50 percent interest in the prospective franchisee meet both of the following: (a) The owner or owners have had, within the seven years before the date of the sale...

    Selected as best answer

  2. Does this business have grounds to sue me on trademark infringement?

    Answered over 2 years ago.

    1. Michael Charles Doland
    2. Daniel Nathan Ballard
    3. Kevin Brendan Murphy
    4. Gordon Philip Firemark
    5. Mario Sergio Golab
    6. ···
    9 lawyer answers

    As a franchise attorney I'm sure the AVVO IP attorneys will advise you not to disclose any specific information (like you have) on a public forum like this. The test for trademark infringement is likelihood of confusion: would a reasonable consumer confuse K-9 Faux Paws with Faux Paws? Sounds confusing to me, but who knows. Kind of like "Burger McDonalds" vs. "McDonalds." McDonalds' franchise attorneys would be all over the former company like mad dogs, believe me. You really need to consult...

    14 lawyers agreed with this answer

  3. Our franchise attorney says we need to file paperwork with the California Dept. of Corporations?

    Answered over 2 years ago.

    1. Kevin Brendan Murphy
    2. Nancy L. Lanard
    3. Robert Emerson Vinson Jr
    4. Scott Richard Kaufman
    4 lawyer answers

    The advise you received from your franchise attorney is sound. California is one franchise registration state that regulates a "material modification of an existing franchise." The requirement is contained in Section 31125 of the Franchise Investment Law found in the Corporations Code. The regulations at 310.125 describe the various exhibits to be attached to the application for material modification under Section 31125. See Exhibit 1, for example: "Describe the proposed modifications,...

    Selected as best answer

  4. My franchise agreement was terminated two weeks ago. I continued to run the business as usual.

    Answered 10 months ago.

    1. Michael Charles Doland
    2. Athina Karamanlis Powers
    3. Kevin Albert Adams
    4. Daniel Nathan Ballard
    5. Kevin Brendan Murphy
    6. ···
    9 lawyer answers

    As a <A href="http://www.franchisefoundations.com/franchiseattorney.html">franchise attorney</A> , who has actually walked the walk, owning and operating a very successful franchise, and a court-accepted, testifying <A href="http://www.franchisefoundations.com/franchiseexpert.html">franchise expert</A>, I agree with my colleagues. You face an uphill, expensive battle with your franchisor, and it's not possible to even begin with potential advice without knowing all the facts and circumstances....

    8 lawyers agreed with this answer

    3 people marked this answer as helpful

  5. Franchise attorney question

    Answered over 4 years ago.

    1. Kevin Brendan Murphy
    1 lawyer answer

    You should show the email, your contract and proposed amendment to a franchise attorney. In virtually all franchise contracts, to change provisions requires an amendment signed by both parties. The franchise company can't "require" anyone to sign the amendment - it has to be agreed upon by both sides. As your post says your are all in California, our state's Franchise Investment Law provides additional protection. Before the franchise company can even send you the proposed amendment, they have...

    Selected as best answer

  6. Professional athletes last name on t-shirts for commercial use.

    Answered over 2 years ago.

    1. Kevin Brendan Murphy
    2. Michael Charles Doland
    3. Bruce E. Burdick
    4. Curtis Lamar Harrington Jr
    4 lawyer answers

    So, you're trading on the reputation of well-known players, selling t-shirts, and ask if there's any chance of getting sued? Use just a little common sense. Those guys make mega-bucks endorsing things. Do you really think they'll let you trade on their names for free? You'll get sued in a heartbeat as soon as you're discovered. Kevin B. Murphy, B.S., M.B.A., J.D. Attorney at Law Director of Operations - Mr. Franchise FRANCHISE FOUNDATIONS APC

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Do I have any responsibility/obligation to an assessment by Franchise Tax Board after California Probate is completed/discharged

    Answered over 2 years ago.

    1. Kevin Brendan Murphy
    2. Henry Daniel Lively
    3. Christopher Michael Larson
    3 lawyer answers

    Adding to what the other attorney says, Section 9202 does not say the Franchise Tax Board has 4 months to file a claim. It says the the Director of Health Care Services has 4 months after notice is properly given to file a claim (for health care services, if these were provided to your mother). You really need to sit down with a probate attorney and review everything. As the song goes, the Tax Man usually gets things sooner or later. Good luck! Kevin B. Murphy, B.S., M.B.A., J.D. Attorney...

    6 lawyers agreed with this answer

    2 people marked this answer as helpful

  8. Can a franchise be investigated for fraud?

    Answered over 2 years ago.

    1. Michael James Duffy
    2. Nancy L. Lanard
    3. Kevin Brendan Murphy
    4. P Adam Davis
    4 lawyer answers

    As a franchise attorney, I basically agree with the other attorney answers but add the following. Being five-years out, you likely have significant statute of limitations issues on the contract (and on any disclosure violations in the then-called UFOC). If the company is still selling franchises with an 80% failure rate, what does that tell you about the due diligence and intellect of their franchise buyers? You can complain to the FTC, which administers the federal franchise rule. They were...

    7 lawyers agreed with this answer

    3 people marked this answer as helpful

  9. Franchise Earnings Information

    Answered over 4 years ago.

    1. Kevin Brendan Murphy
    2. Pamela Koslyn
    2 lawyer answers

    Welcome to the realities of franchise regulation. Although franchise companies get regular monthly profit and loss statements from their franchise owners, and know to the penny how much they are making (or losing), they are not required to disclose this information in Item 19. Due to extensive lobbying by the franchise industry, the decision to disclose how much their franchise owners are making (or losing) is entirely optional. They can tell you, but only if they want to. Blue chip...

    Selected as best answer

  10. Is it legal for somebody to take your idea and host their own festival?

    Answered over 2 years ago.

    1. Ivan Jose Parron
    2. Kevin Brendan Murphy
    3. Bruce E. Burdick
    4. Michael Lewis Marley
    5. Alonzo McAlpine Alston
    5 lawyer answers

    Are you really serious? I mean, the idea of a "music festival" is about as unique as Apple Pie, Neighborhood BBQ's, Thanksgiving and Christmas. Did you really think you had a monopoly on your "idea?" After all, in these trying economic times, jobs are hard to find, so consider yourself lucky. Of course, consult with a good IP attorney in your area for specific advice on fighting back weapons. Maybe you have an iron-clad agreement with our investor(s), who knows? Good luck, I think you'll need...

    8 lawyers agreed with this answer

Contact Mr. Franchise Today

415-225-3010