What specific actions are considered unauthorized use of the Marks in the Gokhale Method agreement?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
ion of law.
- 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.
- 16.10. Our Option to Purchase Equipment. We shall have the option, at our sole discretion, to be exercised within thirty (30) days after termination or expiration, to purchase from you any or all of the equipment, signs, inventory, materials, supplies and fixtures related to the operation of the Franchised Business at fair market value or at sixty percent (60%) of your original investment, whichever is less. if the parties cannot agree within such time on the price of any such items, an independent appraisal
shall be conducted at our expense by an appraiser we select, and the appraiser's determination shall be binding. If we elect to exercise any option to purchase herein provided, it shall have the right to set off all amounts due from you, and the cost of the appraisal, if any, against any payment therefore.
16.11. Compliance With Covenants. You shall comply with the covenants contained in Section 17 of this Agreement.
17. COVENANTS
- 17.1. In-Term Covenants. You specifically acknowledge that, pursuant to this Agreement, you will receive valuable, specialized training and Confidential Information, including, without limitation, information regarding the Gokhale Method and techniques used by us and the System. You covenant that during the Term of this Agreement, except as otherwise approved in writing by us, you shall not, either directly or indirectly, for yourself, or through, on behalf of, or in conjunction with any person or legal entity:
- 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;
- 17.1.2. Employ or seek to employ any person who is at that time employed by us, our Affiliates, or by any of our other franchisees, or otherwise directly or indirectly induce such person to leave his or her employment; or
- 17.1.3.
Source: Item 22 — CONTRACTS (FDD page 34)
What This Means (2024 FDD)
According to the 2024 Gokhale Method Franchise Disclosure Document, several actions constitute unauthorized use of the Marks. These include using a domain name, URL, email address, or home page address that is confusingly similar to Gokhale Method's official online presence. Franchisees are prohibited from establishing any website using such similar or confusing domain names, URLs, or home page addresses. This restriction aims to prevent customer confusion and protect the brand's online identity.
Upon termination or expiration of the franchise agreement, franchisees must immediately cease using all Gokhale Method intellectual property, including confidential information, methods, procedures, techniques, and all Marks, distinctive forms, slogans, signs, symbols, colors, and devices associated with the System. This includes discontinuing the use of signs, advertising materials, displays, stationery, forms, products, and any other articles that display the Marks. Franchisees are also required to de-identify the location of the franchised business to ensure no display of the Marks remains after termination or expiration.
Even if a franchisee continues to operate another business after the Gokhale Method franchise ends, they are prohibited from using any reproduction, counterfeit, copy, or colorable imitation of the Marks. This applies to both the operation of the other business and its promotion, especially if it is likely to cause confusion, mistake, or deception, or dilute Gokhale Method's rights to the Marks. Additionally, franchisees cannot use any designation of origin, description, or representation that suggests a present or former association with Gokhale Method, the System, or the Marks, as determined by Gokhale Method's business judgment.
During the term of the agreement, franchisees are not allowed to divert or attempt to divert any present or prospective customer of any Gokhale Method class, service, or product to any competitor. This includes any direct or indirect inducement or any other act that could be injurious or prejudicial to the goodwill associated with the Marks and the System. Franchisees must adhere strictly to these covenants to protect the brand's integrity and market position.