Determining Likelihood of Injunction After Exclusive Waiver Is Declined

Q: I signed a lease for space at a shopping center for my business, which sells a variety of entertainment products. At the time I signed the lease, my business didn’t carry toys. Because variety stores typically do sell toys, the landlord made me aware of the exclusive use clause in its lease with another tenant, a toy store, giving it the right to be the only toy seller in the center. Several months later, I added a small toy section with a very limited selection of toys to my store.

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