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Ruling: In the contract’s "recitals," it says that the chain has registered trademarks, and all agree that while they have been operating branches for several years with recognizable logos and advertisements, none of these are registered, which def were unaware of. The Maraham Padowa (Shut 44) says that a contract with one objectionable provision does not invalidate the entire contract/agreement, and the Rama (Choshen Mishpat 51:6) rules this way. However, this is not so if other elements of the agreement depend upon that provision.
We need to determine whether def would have entered into the agreement had they known the chain had no registered trademarks, as, if not, the agreement was a mekach ta’ut. If there is a societal standard, we follow it (Rambam, Mechira 15:5). When it is less broadly clear, we follow the assumption of the buyer’s mindset (ibid. 16:5; Shulchan Aruch, CM 232:27).
From def’s lack of interest in finding out about the registered trademarks, it is likely that whether they were registered or not was not a major factor. Rather, the fact that the chain was a known entity was much more important. Customers who recognize the label do not care if it is registered. The chance that competitors will "steal" the trademarks is not great. The "blemish" is also one that can be easily remedied, as pl has recently applied to register the logos the chain uses, in which case we prefer fixing the lacking to undoing the agreement (see ibid. 5). While the Rama (ad loc.) limits this to blemishes that do not change the basic identity of the object (see also Netivot Hamishpat ad loc. 7), in this case, the franchise with its many plusses, is the same franchise even if its logos are not registered.
Therefore, the lack of registered trademarks does not void the sale, although this lack will have some impact to be discussed later.
Bemare Habazak - Rabbis Questions (654)
Rabbi Daniel Mann
541 - Nefilat Apayim without a Sefer Torah
542 - Who Breached the Contract? – part I
543 - Rearranging Aliyot to Enable a Levi’s Aliya
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
