• "Community of Interest": Clarity or Confusion?
  • January 6, 2004 | Author: Joseph J. Fittante
  • Law Firm: Larkin Hoffman Daly & Lindgren Ltd. - Minneapolis Office
  • Most franchise practitioners are familiar with the statutory requirements of a marketing plan and substantial association with a trademark, and are generally comfortable with their meanings. But "community of interest," does not have a common everyday meaning and has received confusing, sometimes contradictory, interpretations from the courts. Nonetheless, to advise clients entering complex business relationships that may be deemed dealerships or franchises, practitioners must do their best to determine as precisely as possible what constitutes a community of interest.