Yes, all of the aforementioned stores offer frozen yogurt. And most of the
products they offer are kosher, fat-and gluten-free, all-natural, and filled
with probiotics found in “regular” yogurt that support immune health. Speaking
of Pinkberry: Where does the equally colorful, both in name and storefront,
Red Mango get off throwing around allegations of copycatism?
The first is to understand the key drivers of success in your business -- that
is to say, the three or four major strategies or operational processes that
make up the engine of profitability and success for your organization. As an
example, for a restaurant these factors may include things such as speed,
consistency, freshness, cleanliness and friendliness. For an auto parts store
the key drivers will probably include inventory availability, customer
service, expertise and pricing/margins. Once you understand the key drivers,
it is critical that you focus on them incessantly and help everyone in your
organization understand that it is their responsibility to make sure those
drivers are the top priority for them every day at work.
Out on the web, there's more than enough entertaining and
interesting information to make your head spin. While the Internet of a half
decade ago was held hostage by professionals and degree-touting experts
reporting in the same old monotone voices, passionate topic bloggers soon tore
that model apart, and helped open up the medium to anyone with something to
say.
Only a limited number of states require registration by franchisors, and
franchisors are by no means required to register in states where they have no
intention of selling franchises. However, if a mature franchisor appears to be
consciously avoiding the registration states, this may suggest some level of
internal concern about the FDD, the franchisor’s sales tactics, or the
franchise system as a whole. The cover pages of the FDD will identify where
the franchisor is required to register (and whether it has registered or not),
and the charts in Item 20 of the FDD will explain whether the franchisor has
ever sold a franchise in any of the registration states.
These are difficult decisions. The solutions are not clear cut from a
business or from a legal perspective. It is critical that a company in this
position work with qualified counsel to identify an alternative that will have
a reasonable basis for an exemption and still make sense from a strategic
perspective. The balance of this chapter will look at the many alternatives
currently being tested by many U.S. and oversees companies. As you can see,
the lines of demarcation are not always clear. The differences between many
of these alternatives may in fact be in name only. Some of these concepts are
truly innovative and have not been truly tested by the courts or the
regulators. In these borderline cases, a regulatory “no-action” letter
procedure is strongly recommended. Other concepts are not very innovative at
all and merely borrow from long-recognized and analogous legal relationships
such as chapter affiliation agreements in the non-profit arena or network
affiliation agreements in radio and television broadcasting.
Back in the day when I used to own a UPS Store
franchise, I always looked forward to receiving the quarterly list of the Top 200
stores nationwide. I often wondered what these top franchisees were doing
differently that helped them gain so much more business than the average UPS
Store franchise. But for one reason or another, I never found the time or the
opportunity to reach out to these successful owners.
Early in my career, I encountered
a franchise buyer who had made a rash decision that turned sour quickly. The
funny thing was that he was intelligent, experienced and had a great deal of
corporate knowledge – all the attributes that franchisors desire for their
many franchise opportunities. I was
intrigued that this experienced and generally deliberate person would make
such a bad decision. So what went wrong?