Legal Question in Business Law in Kansas

Is a restaurant who changes owners but maintains the name and trademarked advertising of the former restaurant obligated to honor gift certificates purchased from the former owner?

I am a retired Army Vet who bought a $50 gift certificate to a restaurant for my aged father-in-law's birthday, and when he went to use it, they claimed that the former owner had retired and they were not obligated to honor the certificate, and sent him packing.

Thing is, they are still using the same signage, menus, advertising and logo, as well as location and other identifying literature. From what I remember in college to get my Associate's degree in Business Administration, they are legally bound to honor the certificate if they are retaining the same trademarked advertising. Who is correct?

Asked on 1/23/16, 4:36 pm

1 Answer from Attorneys

Anthony Smith LawSmith

There isn't enough information here, to give you a definite answer. This sounds like a good subject for a small claims case.

Good luck

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Answered on 2/02/16, 3:54 am

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