Legal Question in Intellectual Property in Colorado
We had a contract with one of our suppliers where we agreed not to advertise retail sale prices below a certain amount. This is called a MAP or minimum advertised price agreement. We are a web-based merchant only. Recently, we agreed to match sale prices of a competitor which were below MAP pricing and we sent an email message to our customer base. The supplier terminated our agreement for advertising below MAP, but did not terminate the agreement with our competitor. They have now notified us that we cannot use any of their trademarked names on our website to sell our existing inventory. I know people like Wal-Mart with their Equate brand do things like Compare to Tylenol and then give credit to the makers of Tylenol in small print somewhere on the bottle of aspirin, so can I do something like that?
Thanks for your help!
Mark Grigsby
1 Answer from Attorneys
As a Franchise Attorney I can only say more information is needed. What does your agreement provide for on termination? What does it say about existing inventory? What is their position are your inventory - are they willing to buy it back? Consult with a good business or franchise attorney in your area to review your agreement and for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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