Using the marketing of another company without getting into trouble

[xXxCaZxXx]

Hear me out!

I sold my business a few years ago when I moved and started working for a well know company who spend a lot of money to create marketing for their brand. They only do facials and obviously, after working for them for so long, I know how to do the treatments inside out.

I’ve moved again and so am going to be opening my own salon again, I obviously want to advertise that I can do these exclusive treatments (they’re only available in a select few places) but without getting into trouble so how do I advertise that I offer treatment ’X’ without saying that I offer treatment ‘X’?

 

[AcidPerm]

You don’t, unless you’re happy to risk being sued.
A brand that spends a fortune on marketing, develops their own techniques and only sells through a few niche Salons will definitely employ lawyers to hunt down any copy cat salons trying to get a piece of their action.

Did your employment contract include a non-compete clause? Have a look at the wording.

You can probably say you were trained by X company but you can’t suggest or even hint that you’re offering Treatment X if you are no longer part of their company. Presumably, you’re not using their products either?

“After many years of experience working for the exclusive X brand facials, I’m now delighted to be able to offer my own personalised luxurious treatments, using natural ingredients sourced from ...blah, blah, blah...” or something along these lines.

Also, it’s not just about written claims that you make. You mustn’t even hint that your facials are remotely the same thing as X facials when speaking to clients, so stress that your treatments are something that you’ve developed yourself.

You need to make them significantly different.

 

[xXxCaZxXx]

You don’t, unless you’re happy to risk being sued.
A brand that spends a fortune on marketing, develops their own techniques and only sells through a few niche Salons will definitely employ lawyers to hunt down any copy cat salons trying to get a piece of their action.

Did your employment contract include a non-compete clause? Have a look at the wording.

You can probably say you were trained by X company but you can’t suggest or even hint that you’re offering Treatment X if you are no longer part of their company. Presumably, you’re not using their products either?

“After many years of experience working for the exclusive X brand facials, I’m now delighted to be able to offer my own personalised luxurious treatments, using natural ingredients sourced from ...blah, blah, blah...” or something along these lines.

Also, it’s not just about written claims that you make. You mustn’t even hint that your facials are remotely the same thing as X facials when speaking to clients, so stress that your treatments are something that you’ve developed yourself.

You need to make them significantly different.

The contract is actually quite standard; I can’t work within 5 miles of any location for 6 months, can’t poach or have any contact with clients and am not to use their name to promote myself or any of their imagery on my website/social media.

It was just an idea and I knew it was a long shot but just thought it was such a waste not to be able to offer them in my tiny little village at a much more affordable price

 

[CFBS]

Now I’m really intrigued to know what brand it was you worked for! [emoji41][emoji41]

 

[RosieR]

Me too !!! I am sure if you tweak the procedure to suit yourself, and call it your "signature facial" there will be no breach nor conflict.
Or add something like acupressure during the procedure to make it different.
If it's a French brand then call it your signature french facial .Etc,etc.

Presumably you will not be able to use the product line, or will you?

 

[xXxCaZxXx]

Me too !!! I am sure if you tweak the procedure to suit yourself, and call it your "signature facial" there will be no breach nor conflict.
Or add something like acupressure during the procedure to make it different.
If it's a French brand then call it your signature french facial .Etc,etc.

Presumably you will not be able to use the product line, or will you?

It’s the serum that’s unique to them so I can’t use that but I can all the rest. It’s mostly the massage/gadgets that are the big pull but if I can’t advertise it then I don’t know how to sell it. I’m probably really over thinking this

 

[CFBS]

It’s the serum that’s unique to them so I can’t use that but I can all the rest. It’s mostly the massage/gadgets that are the big pull but if I can’t advertise it then I don’t know how to sell it. I’m probably really over thinking this

Perhaps try to analyse how the treatment works and what key ingredients are in the serum. I bet you can match it with other machines.

For years the public where brain washed to think that Cathiodermie was something new and amazing whereas we know that it is just a galvanic + high frequency facial really.
Slender tone is just body faradic... and so on...

Are you able to tell us the electrical techniques you use? Eg:
Micro current
Galvanic
High frequency
Epilating current
Led light
Laser
IPL
Infra red....etc

I’m sure we can figure out an equivalent!
Private message me if you’d like to discuss more
[emoji106]