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2010 Year in Review: Franchise Co-Branding Efforts

By Fox Rothschild LLP on December 21, 2010
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Franchise co-branding, the association of multiple franchise concepts or brands to stimulate simultaneously growth among the brands or concepts, can create great synergies leading to franchise success stories.  Co-branding efforts in 2010 show reason for franchisors to be both optimistic and skeptical.

Coldstone Creamery and Tim Horton’s 2009 partnership of franchises is one co-branding venture that, so far, is appearing to be successful.  Co-branding works when franchisors can successfully leveraging each brand’s opposite strengths.  For instance, the day-time customer traffic of Tim Horton’s and evening for Coldstone Creamery compliment each other and the franchisees are able to “fill each other’s non-peak periods with new or even repeat customers“.

But co-branding also has inherent risks. These risks were evidenced in a 2010 lawsuit filed in Illinois this fall by a franchisee of Yum Brands. The franchisee operated 26 fast-food restaurants, 6 of which were the co-branded Long John Silver’s and A&W concept.   The franchisee claims fraud in the lawsuit alleging that the franchisor’s co-branding attempt was a failure, that the franchisor failed to use advertising funds budgeted for the co-brand concept, and the franchisor did not disclose deals it had with the single brand A&W restraint franchises which hurt the co-branded restaurants and ultimately led to the franchisee’s declaring bankruptcy. 

While Yum Brands is vigorously defending the lawsuit, the complaint alleges that Yum Brands ceased offering the co-branded stores in 2009.
 

 

 

 

 

  • Posted in:
    Business and Commercial
  • Blog:
    Franchise Law Update
  • Organization:
    Fox Rothschild LLP
  • Article: View Original Source

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