N.J. Stat. » Title 56 — TRADE NAMES, TRADE-MARKS AND UNFAIR TRADE PRACTICES
New Jersey Statutes

N.J. Stat. § 56:10-3 (2026)

Definitions

✓ current as of May 2026
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3. As used in this act:

a. "Franchise" means a written arrangement for a definite or indefinite period, in which a person grants to another person a license to use a trade name, trade mark, service mark, or related characteristics, and in which there is a community of interest in the marketing of goods or services at wholesale, retail, by lease, agreement, or otherwise.

b. "Person" means a natural person, corporation, partnership, trust, or other entity and, in case of an entity, it shall include any other entity which has a majority interest in such entity or effectively controls such other entity as well as the individual officers, directors, and other persons in active control of the activities of each such entity.

c. "Franchisor" means a person who grants a franchise to another person.

d. "Franchisee" means a person to whom a franchise is offered or granted.

e. "Sale, transfer or assignment" means any disposition of a franchise or any interest therein, with or without consideration, to include but not be limited to bequest, inheritance, gift, exchange, lease or license.

f. "Place of business" means a fixed geographical location at which the franchisee displays for sale and sells the franchisor's goods or offers for sale and sells the franchisor's services. Place of business shall not mean an office, a warehouse, a place of storage, a residence or a vehicle, except that with respect to persons who do not make a majority of their sales directly to consumers, "place of business" means a fixed geographical location at which the franchisee displays for sale and sells the franchisor's goods or offers for sale and sells the franchisor's services, or an office or a warehouse from which franchisee personnel visit or call upon customers or from which the franchisor's goods are delivered to customers.

Notes of Decisions
Cited in 40 cases (13 in the last 5 years), 1974–2025 · leading case: Carlo C. Gelardi Corp. v. Miller Brewing Co., 421 F. Supp. 233 (D.N.J. 1976).
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Carlo C. Gelardi Corp. v. Miller Brewing Co., 421 F. Supp. 233 (D.N.J. 1976). · cites it 10× “§ 56:10-3(a). The Act, however, does not apply to all franchises: “This act applies only to a franchise (1) the performance of which contemplates or requires the franchisee to establish or maintain a place of business within the State of New Jersey, (2) where gross sales of…”
Goldwell of New Jersey, Inc. v. KPSS, INC., 622 F. Supp. 2d 168 (D.N.J. 2009). · cites it 4× “” N.J.S.A. § 56:10-3(0. Because the North Carolina and Multi-State RBAs neither contemplate nor require such a place of business in New Jersey, KPSS argues that the act has no applicability to those agreements.”
Cooper Distrib. Co., Inc., a New Jersey Corp., in 94-5570 v. Amana Refrigeration, Inc., a Delaware Corp., 63 F.3d 262 (3rd Cir. 1995). · cites it 3× “N.J.S.A. § 56:10-3®. Cooper maintains that its showroom/marketing center in Englewood Cliffs, New Jersey, constituted a POB.”
Beilowitz v. Gen. Motors Corp., 233 F. Supp. 2d 631 (D.N.J. 2002). · cites it 4× “2d at 658 ; N.J.S.A. §§ 56:10-3,10-4. 6. Additionally, the NJFPA applies only to franchises: (2) where gross sales of products or services between the franchisor and franchisee covered by such franchise shall have exceeded $35,000.”
Coast Cities Truck Sales, Inc. v. Navistar Int'l Transp. Co., 912 F. Supp. 747 (D.N.J. 1995). · cites it 3× “In that decision, the Third Circuit determined that N.J.S.A. 56:10-3, N.J.S.A. 56:10-4 and N.”
Regency Oldsmobile, Inc. v. Gen. Motors Corp., 723 F. Supp. 250 (D.N.J. 1989). · cites it 4× “N.J.S.A. § 56:10-3(a). Like the Dealers’ Act, the New Jersey statute requires a written agreement or arrangement.”
Lawmen Supply Co. of N.J., Inc. v. Glock, Inc., 330 F. Supp. 3d 1020 (D.N.J. 2018). · cites it 2× “N.J.S.A. 56:10-3 defines a "franchise" as follows: a written arrangement for a definite or indefinite period, in which a person grants to another person a license to use a trade name, trade mark, service mark, or related characteristics, and in which *1031 there is a community…”
Am. Bus. Interiors, Inc. v. Haworth, Inc., 798 F.2d 1135 (8th Cir. 1986). “See N.J.Stat.Ann. § 56:10-3(a) (West Supp.1985).”
Charles Adler v. Gruma Corp., 135 F.4th 55 (3rd Cir. 2025). · cites it 2× “” N.J. Stat. § 56:10-3. A franchisor may contract for a franchisee to “perform work” for the franchisor while using the franchisor’s trademarks.”
Instructional Sys., Inc. v. Comput. Curriculum Corp., 826 F. Supp. 831 (D.N.J. 1993). · cites it 4× “ISI alleges, inter alia, that the 1984 Agreement constitutes a franchise under New Jersey Law, as defined in N.J.S.A. § 56:10-3(a). Complaint, ¶ 32. ISI further alleges that CCC’s actions with respect to the 1989 Agreement—namely, failing to renew the 1984 Agreement without good…”
Liberty Sales Assocs., Inc. v. Dow Corning Corp., 816 F. Supp. 1004 (D.N.J. 1993). · cites it 2× “Did Dow grant a “license” to Liberty as a result of the 1986 Master Distributor Agreement? For the Act to apply, a franchisor must have granted a “license to use a trade name, trade mark, service mark, or related characteristics.”
Stadium Chrysler Jeep, LLC v. Daimlerchrysler Motors Co., LLC, 324 F. Supp. 2d 587 (D.N.J. 2004). · cites it 2× “” N.J.S.A. 56:10-3(a). A “franchisor” is “a person who grants a franchise to another person;” a “franchisee” is “a person to whom a franchise is offered or granted.”
Show all 40 citing cases →
— N.J. Stat. § 56:10-3(a) — 21 cases
Goldwell of New Jersey, Inc. v. KPSS, INC., 622 F. Supp. 2d 168 (D.N.J. 2009). “” N.J.S.A. § 56:10-3(0. Because the North Carolina and Multi-State RBAs neither contemplate nor require such a place of business in New Jersey, KPSS argues that the act has no applicability to those agreements.”
Regency Oldsmobile, Inc. v. Gen. Motors Corp., 723 F. Supp. 250 (D.N.J. 1989). “N.J.S.A. § 56:10-3(a). Like the Dealers’ Act, the New Jersey statute requires a written agreement or arrangement.”
Coast Cities Truck Sales, Inc. v. Navistar Int'l Transp. Co., 912 F. Supp. 747 (D.N.J. 1995). “In that decision, the Third Circuit determined that N.J.S.A. 56:10-3, N.J.S.A. 56:10-4 and N.”
Carlo C. Gelardi Corp. v. Miller Brewing Co., 421 F. Supp. 233 (D.N.J. 1976). “§ 56:10-3(a). The Act, however, does not apply to all franchises: “This act applies only to a franchise (1) the performance of which contemplates or requires the franchisee to establish or maintain a place of business within the State of New Jersey, (2) where gross sales of…”
Am. Bus. Interiors, Inc. v. Haworth, Inc., 798 F.2d 1135 (8th Cir. 1986). “See N.J.Stat.Ann. § 56:10-3(a) (West Supp.1985).”
— N.J. Stat. § 56:10-3(c) — 3 cases
Stadium Chrysler Jeep, LLC v. Daimlerchrysler Motors Co., LLC, 324 F. Supp. 2d 587 (D.N.J. 2004). “” N.J.S.A. 56:10-3(a). A “franchisor” is “a person who grants a franchise to another person;” a “franchisee” is “a person to whom a franchise is offered or granted.”
Mall Chevrolet, Inc. v. Gen. Motors LLC (D.N.J. 2021).
New Jersey Coalition of Auto. Retailers, Inc. v. Mazda Motor of Am., Inc. (D.N.J. 2023).
— N.J. Stat. § 56:10-3(d) — 4 cases
Carlos v. Philips Bus. Sys., Inc., 556 F. Supp. 769 (E.D.N.Y 1983).
Bank United, Na. v. First Chatham Bank (D.N.J. 2019).
New Jersey Coalition of Auto. Retailers, Inc. v. Ford Motor Co. (N.J. Super. Ct. App. Div. 2024).
Mall Chevrolet, Inc. v. Gen. Motors LLC (D.N.J. 2021).
— N.J. Stat. § 56:10-3(f) — 5 cases
Carlo C. Gelardi Corp. v. Miller Brewing Co., 421 F. Supp. 233 (D.N.J. 1976). “§ 56:10-3(a). The Act, however, does not apply to all franchises: “This act applies only to a franchise (1) the performance of which contemplates or requires the franchisee to establish or maintain a place of business within the State of New Jersey, (2) where gross sales of…”
Lawmen Supply Co. of N.J., Inc. v. Glock, Inc., 330 F. Supp. 3d 1020 (D.N.J. 2018). “N.J.S.A. 56:10-3 defines a "franchise" as follows: a written arrangement for a definite or indefinite period, in which a person grants to another person a license to use a trade name, trade mark, service mark, or related characteristics, and in which *1031 there is a community…”
Liberty Sales Assocs., Inc. v. Dow Corning Corp., 816 F. Supp. 1004 (D.N.J. 1993). “Did Dow grant a “license” to Liberty as a result of the 1986 Master Distributor Agreement? For the Act to apply, a franchisor must have granted a “license to use a trade name, trade mark, service mark, or related characteristics.”
Baymont Franchise Sys., Inc. v. The Bernstein Co., LLC (D.N.J. 2021).
Cooper v. Amana (3rd Cir. 1995).
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