Franchise reinstated

A thriving small business was approached by the state leaders of an internationally recognised dealership with an offer of working exclusively with them.

The small business owner saw this as a great opportunity and accepted the offer, and within a year, it became one of the most successful franchises in the state.

However, given intense competition in the industry, there were a variety of factors that led to the early termination of the franchise, and an unsuccessful mediation was held between the parties.

Our Assistance Team arranged a case appraisal and conciliation that resolved the matter and reinstated the franchise.

Agreement reached over business name

A small business franchisor trademarked his business name. He then found that another business had opened in the same industry and was operating under the same name.

The other business had registered the business name with the Australian Securities and Investment Commission (ASIC) and did not understand why they could not use the name.

Before contacting our Assistance Team, both parties had sought legal advice, but had not reached a resolution.

Our Assistance Team approached the business owner and explained that registering a business name with ASIC did not give a business ownership of a name.

Our Assistance Team explained that trademarking a name or logo was the only way to get intellectual property rights over that name.

A resolution was reached when the business owner agreed to change his business name to one that was acceptable to both parties.