Besides operating a Bojangles restaurant under the franchise agreement, under what circumstances can a franchisee use Bojangles' proprietary marks, processes, procedures, recipes, and formulas?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
Further, Franchisee agrees that during the term of this Agreement and after its expiration or earlier termination, it shall not use any of such information or proprietary marks, including but not limited to any processes, procedures, recipes and formulas, for any purpose other than the operation of the Restaurant and will take all steps necessary to prevent any other use of them. Without limiting the foregoing, Franchisee specifically agrees that it shall not during the term of this agreement or after its expiration or earlier termination, offer for sale at any location, other than during the term of this Agreement the Restaurant being operated at that time pursuant to this Agreement, any food or drink products prepared using in whole or part the procedures, processes, techniques, recipes or formulas provided by Franchisor to Franchisee.
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles' 2025 Franchise Disclosure Document, a franchisee's use of the company's proprietary marks, processes, procedures, recipes, and formulas is strictly limited to the operation of a Bojangles restaurant under the terms of the franchise agreement. Franchisees are granted the right to operate a Bojangles restaurant and to use the Proprietary Marks, Trade Dress, and the Bojangles System solely in connection with that restaurant. This usage is restricted to the specific location outlined in Exhibit A of the agreement.
The franchise agreement explicitly states that franchisees cannot use any of the information or proprietary marks, including processes, procedures, recipes, and formulas, for any purpose other than operating the Bojangles restaurant. This restriction applies both during the term of the agreement and after its expiration or termination. Franchisees are also prohibited from disclosing any information obtained through training or materials provided by Bojangles to any third party, except for employees directly involved in the restaurant's operations.
Furthermore, franchisees are not allowed to offer for sale, at any location other than the Bojangles restaurant operating under a current franchise agreement, any food or drink products prepared using the procedures, processes, techniques, recipes, or formulas provided by Bojangles. This ensures that the Bojangles system and its associated intellectual property are exclusively used for the benefit of the franchised business and in accordance with the franchisor's standards. Failure to comply with these requirements could result in irreparable injury to Bojangles, with the franchisee liable for court costs and attorneys' fees incurred by Bojangles in enforcing these provisions.