What actions are Deka Lash franchisees prohibited from taking that could be considered harmful to the brand's goodwill?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
Unless we consent in writing, you and your employees must not conduct or be involved in any digital marketing related to our brand, marks or your studio.
If we do permit you to conduct any digital marketing, you must comply with our policies and we may withdraw approval at any time.
- 7.8 Entity Name Requirements. You may not use the words "Deka" or "Deka Lash" or any confusingly similar words, as any part of the name of a corporation, LLC or other entity.
However, "Deka Lash" followed by your entity number, or such other designation as we shall specify, shall be your "doing business as" name for an entity which owns this franchise, sometimes also called your "assumed name," "trading as" name, or "fictitious name."
- 7.9 No Confusingly Similar Marks.
You agree not to use any marks that could be confused with our Marks.
- 7.10 Update to our Marks.
We may replace, modify, or add to our Marks.
We may, at our sole discretion, revoke approval of a previously approved good or service, in which case you must immediately stop performing or selling the revoked services or products.
You may not approach any manufacturers, vendors, or third parties regarding the design or production of any Deka Lash memorabilia or products.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, franchisees face several restrictions designed to protect the brand's reputation and goodwill. Deka Lash franchisees are prohibited from using names that are confusingly similar to "Deka" or "Deka Lash" for their business entities. While they can use "Deka Lash" followed by an entity number as a "doing business as" name, they cannot create marks that could be confused with Deka Lash's trademarks. Deka Lash retains the right to modify or update their marks, and franchisees must adapt to these changes.
Furthermore, Deka Lash maintains control over digital marketing efforts related to the brand. Franchisees and their employees are generally prohibited from conducting or being involved in any digital marketing related to the Deka Lash brand, marks, or their studio without written consent from Deka Lash. If franchisees are permitted to engage in digital marketing, they must adhere to Deka Lash's policies, and Deka Lash can withdraw this approval at any time. This ensures that all digital marketing aligns with the brand's standards and strategies.
Additionally, Deka Lash has complete control over the authorized goods and services offered, and can revoke approval of previously approved items, requiring franchisees to immediately cease selling or performing those services. Franchisees are also barred from independently engaging with manufacturers, vendors, or third parties to design or produce Deka Lash memorabilia or products. These measures ensure consistency and quality control across the Deka Lash brand, protecting its image and goodwill.