Wis JI-Civil 2769

Question _____ of the special verdict asks whether a dealership [was established]

[existed] between ( ) and ( ).

To find that a dealership existed between ( ) and ( ) you must

determine that two elements were present:

• A contract or agreement existed in which (dealer) was given the right by

(grantor) to [sell or distribute (a product) (a service)] [or] [use a trade name,

trademark, service mark, logotype, advertising or other commercial

symbol]. The contract or agreement may be written or oral; and

• A community of interest existed between (grantor) and (dealer). This

means the parties shared a continuing financial interest in which the parties

cooperated and coordinated their activities in operating the dealership

business or marketing the dealership’s (goods) (or) (services) and share

common goals in their business relationship.

In determining if a community of interest existed between (dealer) and (grantor),

among the things you should consider are:

• How long the parties dealt with each other;

• The extent and nature of the obligations imposed on the parties in any

contract or agreement between them;

The percentage of time or revenue the (dealer) devoted to (grantor)’s products or

services;

• The percentage of the gross proceeds or profits (dealer) derived from

(grantor)’s products or services;

• The extent and nature of (grantor)’s grant of territory to (dealer);

• The extent and nature of (dealer)’s uses of (grantor)’s proprietary marks

(such as trademarks or logos);

• The extent and nature of (dealer)’s financial investment in inventory,

facilities, and good will of the alleged dealership;

• The personnel which (dealer) devotes to the alleged dealership;

• How much (dealer) spent on advertising or promotional expenditures for

the (grantor)’s products or services;

• The extent and nature of any supplementary services provided by (dealer)

to consumers of (grantor)’s products or services.

SPECIAL VERDICT

See Wis JI-Civil 2772.