I’m opening a family entertainment center. The facility was leased and operated as a family entertainment center a couple of years ago, let’s say “JJ”. Do i need to replace the carpet if it has the JJ logo, if I am not affiliated with them? If I don’t replace it, can I be sued by JJ’s? I am leasing the property, as is, from the same property manager that leased it to “JJ”. Thanks.
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Do I Have To Change The Carpet In A Commercial Lease If It Has A Different Companies Logo On It?
Posted on January 21, 2012.
This should be detailed in the lease. You must clear this with the Landlord.
EDIT: it should have been up to the previous tenant to remove it. They cannot sue you for anything. It’s a carpet. JJ could mean anything.
UK
Why not ask JJ for something in writing to clarify rights and responsibilities if, for example, one of your customers sues you AND JJ after stumbling on the carpet with the trademark that identifies your business as JJ’s? Why take a chance? It would be in JJ’s interest and yours to address the issue before it bites both of you in the you-know-what, Hint: Don’t rely on property mgr’s opinion unless s/he is a lawyer and you see the the term clearly in writing.
I have owned my own FEC that has been open for over 12 year and I own http://www.PartyCenterSoftware.com (Shameless plug!) and we have hundreds of these type of facilities that use our software.
I know of a case in California that is EXACTLY like you are describing. This company… let’s call them “PIU”, had logo’ed carpet. The landlord actually took over and started their own FEC under a different brand. PIU sent a cease and desist letter when they heard the business was to reopen and the landlord gave them (I think) 5 days to come and remove the carpet. He sent a certified letter to the corporate office and to the agent of process for the corporation as registered with the CA Secretary of State.
In California there are specific laws that state if you “abandon” equipment then it becomes property of the landlord. Even the equipment with UCC1’s against the equipment have a short window to claim their property and the landlord can sometimes make them pay to come in and get the equipment.
Just to protect yourself you should get it in writing that the landlord is the owner of the carpet and should anything arise they will replace the carpet. The landlord will NOT want to sign this so expect it to be removed. But what you need to do is both as the landlord and as you the new business you should send certified (legal) letters that they have 5 days from the receipt of the letter to remove the carpet and that if they choose to leave the carpet they are waiving their rights to sue for trademark infringement as it relates to the carpet and they acknowledge that you will be operating a similar business.
It might be best to talk with a business attorney that has lease and landlord experience. I’m pretty sure nearly every state has similar laws to protect the landlord in case a company leaves. Now this does NOT give you the right to operate under their brand but they cannot sue you for use of their trademark on the carpet or anywhere else in the building.
I have also seen where the corporate “PIU” company will come in and use black spray paint and paint over nearly every logo on the carpet. Their intent is to make it UGLY so you replace it.
I would probably replace it myself as I do not want anything from the old company. There is a reason they failed and I do not want people thinking we are the same company.
Best of luck!