What is the difference between a franchise and a license?

When it comes to business law in California, there is a difference between a franchise and a license. A franchise is an agreement between two parties where one party, known as the franchisor, grants another party, the franchisee, the right to sell or distribute goods or services under a particular brand name. In return, the franchisee pays the franchisor a fee and is bound by the terms of the franchise agreement. A license, on the other hand, is an agreement between two parties in which the licensee is granted permission to use the licensed property, such as trademarks, patents, or copyrighted material. The license is usually granted in return for a fee or royalty payments. Unlike a franchise, a license does not grant the licensee any right to trademark the licensed material or to control how the licensee uses the licensed material. In conclusion, a franchise grants the franchisee the right to operate their business under a particular brand, while a license grants the licensee the right to use particular property such as trademarks, patents, or copyrighted material. The primary difference between the two is that a franchise agreement grants the franchisee the right to control and manage their business, while a license agreement does not.

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