Who conducts the defense and bears the expense of litigation involving copyrighted items for a Bojangles franchise?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event that litigation involving any items that may be copyrighted is instituted or threatened against you, you must promptly notify us. We will conduct the defense and bear the expense of such litigation, and will be entitled to settle or otherwise dispose of the litigation on terms which, in our sole discretion, we may decide. You must cooperate fully with us in defending or settling such litigation.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 52–53)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, if litigation is initiated or threatened against a franchisee involving copyrighted items, Bojangles will conduct the defense and bear the expenses of the litigation. Bojangles also has the right to settle or otherwise dispose of the litigation under terms they decide at their sole discretion. The franchisee is required to cooperate fully with Bojangles in defending or settling any such litigation. This protection extends to copyrighted items related to the Bojangles system.
This arrangement is fairly common in franchising, as franchisors typically want to control the defense of intellectual property to ensure consistent brand protection and legal strategy. By assuming control and cost, Bojangles aims to protect its brand standards and reputation, which benefits the entire franchise system.
However, it is important to note that Bojangles is not obligated to protect franchisees against claims of infringement or unfair competition regarding the use of trademarks. Franchisees must promptly notify Bojangles of any potential infringement issues, but the ultimate decision to take action rests with Bojangles. Franchisees should be aware of this and consider the potential risks and costs associated with intellectual property disputes.