Bath And Body Works Store Essay, Research Paper

Central Michigan Life

February 26, 2001

Bath and Body Works Opens Store In Mt. Pleasant

Summary:

A Bath and Body Works store is opening in Mt. Pleasant. This store contains many brands including Victoria’s Secret, Bath and Body Works and the White Barn and Candle Company.

Discussion:

Bath and Body Works is a part of a franchise. Franchises are special businesses that have special rules and special regulations. Also discussed in this fact pattern are different trade names.

There are many things that had to be done before the franchise store of Bath and Body Works could open its doors. A franchise fee must be paid for a store to be allowed to use a franchise name like Bath and Body Works. When franchise fee is paid the store, now called Bath and Body Works, is granted the permission to use the name and to sell goods associated with that name. One major thing for franchise success is uniform look. So the Bath and Body Works in Mt. Pleasant should have the same look as the stores in Midland and Lansing. A trade dress is the registered right to the design and look of a store. This would allow Bath and Body Works to have an exclusive look that Bath and Body Essentials, and others stores like that could not copy. The franchise agreement allows the franchiser to regulate all rights and limits associated with any trademarks or trade names that the business may use. The franchise company also has the power to control the advertising commitment, royalty fees, and the design and location of the franchiser.

Intellectual property is as highly protected as real and personal property. Intellectual property is intangible property that is produced by thinking. One example of intellectual property is a trade name. A trade name is a name of a company or business. They are protected by the common law. Some states also allow trade names to be registered. In general the first person to use a trade name in a certain area of business has trade name protection. The trade names of Victoria’s Secret, Bath and Body Works and the White Barn and Candle Company are all protected trade names. The Bath and Body Works store could not use these names without the company’s permission. Bath and Body Works also may have to give a royalty, or a small amount of profit, to the trade name companies for every product that they sell using the trade name. Any infringement on the trade names could result in a suit. An infringement would be using the trade names without permission from the company, or it could be selling the companies products without displaying or showing the trade nam