What actions are Deka Lash franchisees prohibited from taking that could be considered harmful to the goodwill associated with the Deka Lash Marks and System?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
contributed to the Brand Development Fund from these digital deals and promotions do not count towards your Brand Development Fees. 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. If we replace, modify, or add additional marks, you agree to update or replace your supplies, etc.
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 to protect the brand's goodwill. Deka Lash franchisees cannot use confusingly similar marks to the Deka Lash Marks. Franchisees also cannot use the words "Deka" or "Deka Lash" as part of the name of a corporation, LLC, or other entity, although "Deka Lash" followed by an entity number or other specified designation can be used as a "doing business as" name.
Unless Deka Lash provides written consent, franchisees and their employees are prohibited from conducting or being involved in any digital marketing related to the Deka Lash brand, marks, or the franchisee's studio. If digital marketing is permitted, it must comply with Deka Lash's policies, and this approval can be withdrawn at any time. Franchisees are also prohibited from approaching any manufacturers, vendors, or third parties regarding the design or production of any Deka Lash memorabilia or products, as Deka Lash maintains complete and exclusive control over all logos, designs, and products.
These restrictions are typical in franchising, as they allow Deka Lash to maintain consistent branding and quality control across all franchise locations. By controlling the use of its marks and marketing efforts, Deka Lash aims to protect its reputation and ensure customers have a uniform experience regardless of the location they visit. Prospective franchisees should carefully consider these limitations and ensure they are comfortable adhering to these rules before investing in a Deka Lash franchise.