Legal Question in Business Law in California

kiosk exclusivity

My kiosk dilemma continues. Yesterday the mall mgmt came over to my kiosk & told me that we have a problem because they gave the exclusivity of selling the magic wrap dress/skirt to the other kiosk. I replied that the exclusivity in my contract says clothing & a magic wrap is clothing, so they should have written in a limitation or exclusion if they were going to give someone else exclusivity after my contract became effective. They agreed, but stilll want me to stop selling the wrap. Now I definitely know I have a case because they are telling me to stop selling a piece of my inventory when I have exclusivity for clothing. which is now confirmed. I want to reply to their inappropriate demands with a reiteration of my contract verbiage & request for fairness. I want to sell the wrap & I will. If they hassle me I would take action. I may want to close.

I previously wrote: I have a kiosk in a mall where I sell clothing, shawls, scarves, jewelry & accessories. Yesterday another kiosk opened that also sells clothing. I thought I had exclusivity because My license agreement reads, ''permitted use: for the exclusive retail sale of silk & cashmere scarves, clothing & freshwater pearl jewelry & accessories. Am I misunderstandin


Asked on 4/16/08, 1:33 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: kiosk exclusivity

Whether you're entitled or not to exclusive sale will be determined either by agreement among the parties, or by a judge and jury. Take your pick. Who's right or wrong is the subject of the dispute, and any opinion is just that. Feel free to contact me if you are serious about getting the legal help you'll need.

Read more
Answered on 4/16/08, 5:42 pm


Related Questions & Answers

More Business Law questions and answers in California