Miami, FL commercial litigation attorney Robert Zarco talks about the common trends he sees in IP & Trademark disputes and litigation. He discusses that the franchise sector frequently encounters intellectual property issues, particularly involving trademark use. A common scenario arises when a franchise relationship ends and the franchisee wishes to continue operating under the established trademark, which is often well-recognized by the customer base. Franchisors typically oppose such use, resulting in trademark disputes.

He notes that intellectual property issues also emerge when franchisees, either appropriately or inappropriately, utilize proprietary assets owned by the franchisor or other businesses. Misuse or use beyond the agreed-upon scope can lead to legal conflicts. For example, a franchisee may lawfully use a trademark to sell products at a physical location but may exceed the authorized rights by distributing the same products via mail or online without franchisor approval. Similar challenges can arise in licensing agreements or exclusive distributorships, where intellectual property plays a central role.

He adds that these concerns have grown increasingly prevalent due to rapid technological advancements and the expanding digital marketplace.