What is the Gokhale Method franchisee's duty regarding the protection of the Marks?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 22: CONTRACTS]
8. YOUR DUTIES
8.1. Operating Standards. You understand and acknowledge that every detail of the System and the Franchised Business is important for delivering a high quality service and product, and therefore it is important to you, us, and other Gokhale Method teachers in order to develop and maintain high operating standards, to increase the demand for the services and products sold by all franchised businesses operating under the System, to protect and enhance our reputation and goodwill, to promote and protect the value of the Marks.
To those ends, you agree to comply with our operating standards as expressed in this Agreement, the Teacher's Manual, and in Policy Statements. You understand that we have the right to suspend your right to teach, or that we may terminate this Agreement, if you fail to maintain our Operating Standards. You agree that you will not teach, administer, advise or represent any method, healing regimen or protocol, or any other activity that is not part of the Gokhale System as being part of the Gokhale Method unless it has previously been approved by us in writing for your use as such.
- 8.2. Approved Formats. You agree to sell, offer for sale and deliver to students only the Gokhale System in Approved Formats and any related classes, services and products as have been expressly approved in writing by us and for which you have been qualified; to refrain from any deviation from our standards
and specifications without our prior written consent; and to discontinue selling and offering for sale any Gokhale Method branded class, service, product, merchandise, and equipment which we may, in our discretion, disapprove in writing at any time. The current schedule of Approved Formats and requirements for them is annexed as Exhibit B.
16.2. Cease Use of Confidential Information and Marks. You shall immediately and permanently cease to use, in any manner whatsoever, any of our Intellectual Property, including but not limited to Confidential Information, methods, procedures and techniques associated with the System, and all Marks and distinctive forms, slogans, signs, symbols, colors, and devices associated with the System. In particular, you shall cease to use, without limitation, all signs, advertising materials, displays, stationery, forms, products and any other articles that display the Marks. You shall de-identify the Location of the Franchised Business so that there is no use or display of the Marks after the effective date of termination or expiration.
16.9.
Websites and Email.
You shall cease use of any of our domain name, URL, email address or home page address, or any such name or address that is confusingly similar to one of ours, and shall not establish any Website using any similar or confusing domain name, URL, and/or home page address.
- 17.1.1.
Divert or attempt to divert any present or prospective customer of any Gokhale Method class, service or product to any competitor, by direct or indirect inducement or otherwise, or do or perform, directly or indirectly, any other act injurious or prejudicial to the goodwill associated with the Marks and the System;
Source: Item 22 — CONTRACTS (FDD page 34)
What This Means (2024 FDD)
According to the 2024 Gokhale Method Franchise Disclosure Document, franchisees have several duties to protect the brand's marks. These duties are outlined in the franchise agreement to maintain the quality, reputation, and goodwill associated with the Gokhale Method system.
The franchisee must adhere to the operating standards detailed in the agreement, the Teacher's Manual, and any Policy Statements. These standards are crucial for delivering consistent, high-quality service and products. Franchisees must only offer Gokhale System classes, services, and products in approved formats, and they cannot deviate from the set standards without prior written consent from Gokhale Method. This ensures that all offerings align with the brand's established practices and quality.
Upon termination or expiration of the franchise agreement, the franchisee must immediately cease using any of Gokhale Method’s intellectual property, including confidential information, methods, procedures, techniques, and all Marks. This includes discontinuing the use of signs, advertising materials, displays, and any other items displaying the Marks. The franchisee is also required to de-identify the location of the Franchised Business to remove any association with the Gokhale Method brand.
Additionally, franchisees must cease using any domain names, URLs, email addresses, or home page addresses that are similar to Gokhale Method's and must not establish any websites using confusingly similar names or addresses. Franchisees also agree not to divert customers to competitors or perform any actions that could harm the goodwill associated with the Marks and the System. These measures collectively protect Gokhale Method's brand identity and market position.