Does Dermani Medspa have the right to change the Marks used in the Franchised Business?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
We retain all rights with respect to Franchised Businesses and dermani MEDSPA®s, the System, the Marks, the sale of similar or dissimilar services, and any other activities we deem appropriate whenever and wherever we desire, including, but not limited to:
1.3.1. the right to operate, and to grant others the right to operate, Franchised Businesses and similar medical management businesses or similar medspas or medical centers under different names or marks located anywhere within or outside the Development Area under any terms and conditions we deem appropriate and regardless of proximity to the Premises or the Development Area;
1.3.2. the right to establish and operate (and to grant to others the right to establish and operate) any other businesses offering products and services that are different from the products or services offered at dermani MEDSPA®s through similar or dissimilar channels of distribution (including, but not limited to: (i) sales through direct marketing, such as over the Internet or through catalogs or telemarketing; (ii) sales through retail stores that do not operate under the Marks; and (iii) sales made at wholesale), at any locations inside or outside the Development Area under trademarks or service marks other than the Marks and on any terms and conditions we deem appropriate;
1.3.3. the right to acquire the assets or ownership interests of one or more businesses that operate, and/or has granted franchises, licenses, or similar rights to one or more third parties to operate, businesses similar to and/or competing with dermani MEDSPA®s and Franchised Businesses related to dermani MEDSPA®s, and/or the right to be acquired by a competing medical business or medical management business, or by another business, even if such business operates, franchises and/or licenses competitive businesses in the Development Area, and that if we acquire, or are acquired by, such a competing business or chain, we may establish or grant franchises or licenses to establish new or additional
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to the 2025 Dermani Medspa FDD, Dermani Medspa retains all rights with respect to the Marks. This means Dermani Medspa has the right to operate Franchised Businesses and similar medical management businesses under different names or marks located anywhere within or outside the Development Area under any terms and conditions they deem appropriate, regardless of proximity to the Premises or the Development Area. Dermani Medspa also has the right to establish and operate other businesses offering different products and services through various channels of distribution under trademarks or service marks other than the Marks.
Additionally, Dermani Medspa has the right to create and distribute advertising and promotional materials related to the Marks and authorize others to do so. These materials may appear in any media and be received by prospective customers located anywhere, including within the Development Area. Dermani Medspa also has the right to operate Franchised Businesses in nontraditional locations within or outside the Development Area.
As a Dermani Medspa franchisee, you must acknowledge that your use of the Marks and any goodwill established by that use are exclusively for the benefit of Dermani Medspa. The agreement does not confer any goodwill or other interests in the Marks upon the franchisee. All provisions of the agreement relating to the Marks apply to any additional proprietary trade and service marks Dermani Medspa authorizes the franchisee to use. The franchisee may not contest the validity of Dermani Medspa's ownership of the Marks at any time during or after the agreement's term.
The franchisee's use of the Marks is limited to uses related to the management and administrative support of the Medspa and may not relate to the provision of any medical services. The franchisee cannot use any Mark, derivatives, or similar marks as part of any corporate or legal business name, with any prefix or suffix, in selling unauthorized services or products, as part of any domain name, or in any other manner not expressly authorized in writing by Dermani Medspa.