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Selling Licensed Products

    • 990 posts
    May 24, 2007 7:56 AM EDT
    they may be trying to determine if you are truly serious.

    ---
    James Lindon, Ph.D. Patent Attorney
    Lindon & Lindon, LLC
    Cleveland, Ohio
    Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
    [this is not legal advice - provided for discussion only]
    Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
    "Fools rush in where angels fear to tread."
    http://www.LindonLaw.com

    • 990 posts
    May 25, 2007 5:02 AM EDT
    there probably is some way to get something that approaches a guarantee if not a guarantee if both parties want it to happen.

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    James Lindon, Ph.D. Patent Attorney
    Lindon & Lindon, LLC
    Cleveland, Ohio
    Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
    [this is not legal advice - provided for discussion only]
    Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
    "Fools rush in where angels fear to tread."
    http://www.LindonLaw.com

    • 99 posts
    May 24, 2007 10:30 AM EDT
    That would make me very uncomfortable.  Suppose you sign the lease, and you can`t come to terms on an agreement with the company?  What are your options then?

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    Pepper Law Group, LLC
    21 E. High Street, Suite D
    Somerville, NJ 08876
    informationlaw.com
    Now available on DVD!
    The Legal Considerations of Starting an Online Business

    • 99 posts
    May 25, 2007 5:03 AM EDT
    If the landlord agrees on that sort of contingency, more power to you, but I wouldn`t count on it.  Many commercial leases will have commencement dates beginning upon the date you actually start doing business, but there is usually a drop dead date when that has to begin.  My recommendation would be to push this company hard to get the contract, as you have enormous downside if you can`t.

    ---

    Pepper Law Group, LLC
    21 E. High Street, Suite D
    Somerville, NJ 08876
    informationlaw.com
    Now available on DVD!
    The Legal Considerations of Starting an Online Business

    • 394 posts
    May 23, 2007 2:26 PM EDT
    Talk To A Lawyer ASAP!
    • 1 posts
    June 5, 2007 3:55 PM EDT
    Does this company offer a franchise arrangement?  You securing a lease first before they allow you to sell their licensed product just doesn`t sit right with me.  Can you get this licensed product from another distributor that would be willing to work with you on better terms?  I would explore that option first before seriously considering locking myself into something I might regret.

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    Seattle Gourmet Coffee
    "Where Coffee Reigns"
    www.seattlegourmetcoffee.com

    • 14 posts
    May 23, 2007 2:06 PM EDT

    Hi All, I`m in the process of setting up a store that will sell licensed products.  The company I am working with says the next steps are to obtain a lease (in negotiations now).  They will be giving me a license agreement after that.  80% of my store will be this licensed product so doesn`t sound weird that they won`t give me an agreement until after I have already signed the lease?  I will be using their company name so what if I don`t agree to some of their terms and am stuck with a multiple year lease and no store to open.  Any opinions on this?

    Michelle

    • 14 posts
    May 23, 2007 4:20 PM EDT
    Thanks for the reply! 
    • 14 posts
    May 24, 2007 2:57 PM EDT

    pepper, exactly my point.  i have been talking with the company for some time and know what the basic terms are, but what if there is just something that i dont agree with or if they just flat out decide they dont want to move into the location for some reason (currently they are the ones negotiating the lease for me).  then im stuck.  is there something i can add to the lease that says, if the license agreement is not agreed upon, i can get out of the lease? 

    patent, i was told, its a 99.5% done deal once i sign the lease, but i dont even like the .5% chance that they can back out.  i like everything in writing and guaranteed.  

    • 14 posts
    May 25, 2007 12:13 PM EDT

    patent, i was just about to ask for the same thing.. some kind of guarantee as long as we both agreed to terms, etc.  i`ll see what they say.

    pepper, completely agree.. huge downside for me if they pull out.

    thanks both for your help!