tattoos versus henna, help?

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Last seen: 8 years 5 months ago
Joined: 2010-06-02 12:32
tattoos versus henna, help?

I need suggestions, ideas, advice, comments.

Bare with me while I set up the problem. Recently, I began doing henna at a really cool shop (I will call it "Arts") owned and operated exclusively by women. The shop features local handmade arts, crafts, upcycled items, organic and gardening products, and items from the green industry.

I sell henna art (using my old paste), painted glasses and glassware, bookmarks, bows, and pashminas and silk wrap skirts. I also do henna body art there. I have been offering henna there since the shop opened in April. Basically each artist involved with Arts rents space there.

The shop is in a strip mall which is set up like a courtyard. Across the courtyard is a tattoo parlor which offers tattoos, permanent makeup and piercings. The tattoo parlor has strobe lights, creepy skulls, and green and halloweeny decorations on the glass. It has never offered any temporary or natural body art.

In fact, years ago, I went into the same parlor and asked if they might be interested in having a henna artist there. The owner/tattooist said no but that occasionally people have asked if they knew where henna might be located. They allowed me to leave flyers and cards and I took some of theirs, passing them out until I had no more.

Fast forward to now. I posted a sign in the window of Arts that henna was available. I also have a sign on the back of the building.

The lease for the store has a non compete clause for the strip mall which reads as follows: "Tenant agrees not to sell any product or offer any service already offered by another Tenant..."

The tattoo parlor says we in in violation of that clause because of henna. When the controversy came to light, Arts' owner went to talk to the tattoo parlor's owners. The tattoo parlor is owned by a married couple. He does piercings and tattoos, the wife...something....  The wife is the one who is complaining. Arts' owner offered various compromises and the wife said NO NO NO.

Finally her hhidden agenda was revealed...she has a plan, sparked perhaps by the henna across the courtyard, that her daughter could learn henna and do henna at their tattoo parlor. Currently the daughter doesn't know henna, has never done henna, and they have never offered henna or any form of temporary body art at the tattoo parlor.

It appears that the landlord may side with them.   I need help to prepare my arguments so that Arts supports me and the landlord will see the light.

Please give me any ideas, arguments, suggestions, information, etc. which comes to mind.




Last seen: 3 years 8 months ago
Joined: 2010-05-24 01:43
Re: tattoos versus henna, help?

The non-compete clause is the best argument that I can see.  They do not currently offer henna body art.  They did not at the time you began advertising your services.  For them to begin offering henna body art is in violation of the non-compete clause, as another business is already offering it.  You are not offering a product or service that they currently sell.  Offering tattoo art does not give them explicit rights to all forms of body art that they might decide to do in the future (or when they see that it might be profitable)- just as you could not file a non-compete complaint against a face painter or airbrush artist, since although you apply a form of body art, you do not offer these services.  Good luck, I hope you win!

Last seen: 8 years 5 months ago
Joined: 2010-05-07 23:15
Re: tattoos versus henna, help?

yeah, I'd look around for a lawyer who will give a free estimate or trade for henna...sometimes you can find a nice one who will give good advice and maybe write a letter or two on their letterhead for you, and that is sometimes enough to help others put things in perspective. Otherwise it sounds like what you are saying is because THEY allowed your flyers in their window THEY are the ones complaining? is that what's happening? Can't the flyers be removed and everyone get on with their life and call it a mis communication?

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