Who conducts the defense and bears the expense of litigation involving the Proprietary Marks for a Bojangles franchise?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- (4) In the event that litigation involving the Trade Dress is instituted or threatened against Franchisee, Franchisee shall promptly notify Franchisor.
Franchisor shall conduct the defense, and bear the expense of such litigation, but shall be entitled to settle or otherwise dispose of the litigation on terms which, in its sole discretion, it may decide upon.
Franchisee shall cooperate fully with Franchisor in defending or settling such litigation.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the franchisor, Bojangles Restaurants, Inc., is responsible for conducting the defense and covering the expenses related to litigation involving the Trade Dress. However, this obligation is tied to specific conditions and does not extend to the Proprietary Marks.
Specifically, if a franchisee faces or anticipates litigation related to the Trade Dress, they must promptly inform Bojangles. Bojangles retains the right to manage the defense and settle the litigation as it deems appropriate. The franchisee is obligated to cooperate fully with Bojangles in defending or settling such litigation. This arrangement ensures that Bojangles maintains control over the legal strategy and outcome, protecting the brand's image and standards.
It is important to note that while Bojangles assumes responsibility for litigation involving the Trade Dress, the document does not explicitly state who bears the expense or conducts the defense for litigation involving the Proprietary Marks. A prospective franchisee should seek clarification from Bojangles regarding the handling of litigation related to the Proprietary Marks to fully understand their obligations and potential liabilities.