What is a Deka Lash franchisee prohibited from using that could be confused with the franchisor's marks?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
- 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.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, franchisees are restricted from using any marks that could be confused with Deka Lash's trademarks. Specifically, a franchisee cannot use "Deka" or "Deka Lash" or any confusingly similar words as part of the name of a corporation, LLC, or other entity.
However, the FDD states that "Deka Lash" followed by the entity number or other specified designation can be used as the "doing business as" name for the entity that owns the franchise. This allowance provides a limited exception for the franchisee to operate under the Deka Lash name while maintaining a distinct legal entity.
This restriction is typical in franchising to protect the franchisor's brand identity and prevent customer confusion. Deka Lash retains the right to replace, modify, or add to their marks, ensuring that the brand remains consistent and protected across all franchise locations. Franchisees must adhere to these changes to maintain uniformity and avoid infringing on the franchisor's intellectual property.