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Jeffrey Stephen Fabian

Jeffrey Fabian’s Answers

4 total

  • WE ARE two yrs in to a five year lease and our franchise business is no longer viable. Can we get out of our lease ?

    We are losing money hand over fist and will have to sell or close soon. Do we have to keep paying for three more years to a vacant space ?

    Jeffrey’s Answer

    It depends on what rights (if any) the lease gives you to terminate. The typical lease written by a commercial landlord's attorney will require payment of rent throughout the term of the lease, regardless of the tenant's business success or financial situation. If you had an attorney review and negotiate the lease for you, they may have sought certain concessions related to your franchise that could give you a potential way out. However, landlords are resistant to such provisions, and it is quite possible that any attempts to negotiate termination rights would have been refuted.

    The franchise agreement may also entitle the franchisor to "lost future royalties" if you shut down before the end of the initial franchise term. You should have an attorney in your area review the lease and franchise agreement for you to see what exposure, rights, and options you might have.

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  • What is a trademark application? Who should it be submitted to?

    Should the trademark application be submitted to the State of CA, Patent & Trademark Office and to all 49 other states too? Should it be submitted to foreign countries like China, Japan, England, France, etc.? Is there an easy way to do a search...

    Jeffrey’s Answer

    U.S. trademark registration is most commonly done with the USPTO. State trademark registrations are also available, though whether you can apply and the extent of protection you will receive varies by state and depending on where you will sell your products/services.

    As far as searching to see if your trademark is available, there is no real easy way other than to hire an attorney to do it for you. Trademark clearance research is a complex process that involves more than simply looking for identical trademarks in use on the Internet. There is in-depth legal analysis that goes into interpreting the search results to decide whether or not any pre-exisiting trademarks would serve as bars to adoption or registration.

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  • I paid for training to start an internet business. He has not fulfilled his contract what are my chances to get my money back.

    I paid an individual to train me on setting up an online store. We have a contract that outlines the training and payment. He started the training but has disappeared. The training is done online with instant messaging and email. We had one in...

    Jeffrey’s Answer

    I second Ms. Koslyn's comments. In this type of situation the chances of getting a refund are slim to none. Even if you could find the "seller," it would likely cost far more to pursue them than what you would recover.

    This type of situation should serve as a warning to other people considering purchasing online business opportunities. There are legitimate ones out there, but you need to be sure to do your due diligence and thoroughly investigate the business and the seller before you pay any money or give any personal information. References, example websites and a phone number are just a few things that can be requested to help try to determine the legitimacy of an online business opportunity.

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  • Do I need a lawyer for a demo recording?

    I'm planning to take a trip to NY for a demo recording for my 17 years old daughter at the Jambox recording studio. Do I need to speak with a lawyer before undertaking this project? And what are some legal details that I would need to know before ...

    Jeffrey’s Answer

    To clarify some earlier responses, "copyrights" are automatic, but registering copyrights in original works with the U.S. Copyright Office provides important additional protections, which far outweigh the minimal costs of registration. There will be separate copyrights in the musical composition and the sound recording, and ownership of these rights should be established (or at least acknowledged) in the agreement with the studio.

    This response is provided for informational purposes only, and does not constitute legal advice.

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