Within the protected territory, what is Desi District Franchise Group prohibited from doing?
Desi_District Franchise · 2024 FDDAnswer from 2024 FDD Document
- 2.2 Protected Territory. Desi District Franchise Group shall not establish, nor license the establishment of, another business within the Territory selling the same or similar goods or services under the same or similar trademarks or service marks as a Desi District business. Desi District Franchise Group retains the right to:
- (i) establish and license others to establish and operate Desi District businesses outside the Territory, notwithstanding their proximity to the Territory or their impact on the Business;
- (ii) operate and license others to operate businesses anywhere that do not operate under the Desi District brand name; and
- (iii) sell and license othersto sell products and services in the Territory through channels of distribution (including the internet) other than Desi District outlets.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to Desi District's 2024 Franchise Disclosure Document, within the protected territory granted to a franchisee, Desi District is restricted from establishing or licensing another business that sells similar goods or services under the same or similar trademarks or service marks as a Desi District business. This provision aims to prevent direct competition from the franchisor or other franchisees within the franchisee's designated territory. However, Desi District retains certain rights that could impact the franchisee's business.
Desi District reserves the right to establish and license others to operate Desi District businesses outside the franchisee's territory, regardless of their proximity or impact on the franchisee's business. They can also operate and license businesses anywhere that do not operate under the Desi District brand name, allowing them to engage in different ventures without restriction. Furthermore, Desi District can sell and license others to sell products and services within the franchisee's territory through alternative channels of distribution, including the internet, which could introduce competition through online sales or other non-traditional outlets.
This means that while Desi District cannot directly establish a competing Desi District store within the protected territory, they can still engage in activities that might create competition. A prospective franchisee should carefully consider these exceptions and how they might affect the potential profitability and market share of their Desi District franchise. It is important to discuss these points with the franchisor to gain a clearer understanding of the competitive landscape and the extent of the protected territory's actual exclusivity.