Does the Bojangles franchise agreement allow a franchisee to contest the validity or Bojangles' ownership of the Trade Dress?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- F.
Franchisee expressly understands and acknowledges that:
(1) Franchisor is the owner of all right, title and interest in and to the Trade Dress and the goodwill associated with and symbolized by it;
(2) The Trade Dress is valid and serves to identify the System and those who are authorized to operate under the System;
(3) Franchisee shall not directly or indirectly contest the validity or Franchisor's ownership of the Trade Dress;
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to the 2025 Bojangles Franchise Disclosure Document, franchisees are prohibited from contesting the validity or Bojangles' ownership of the trade dress. The trade dress includes elements such as color schemes, patterns, designs, decor, furnishings, and layout that are unique to the Bojangles system. The agreement explicitly states that Bojangles owns all rights, titles, and interests in the trade dress.
This provision means a franchisee cannot legally challenge Bojangles's claim to its brand's visual identity. This restriction is typical in franchising, as it protects the franchisor's brand and reputation. Franchisees must acknowledge that the trade dress is valid and serves to identify the Bojangles system.
This requirement ensures uniformity and consistency across all Bojangles locations, reinforcing brand recognition and customer loyalty. It also prevents franchisees from attempting to create their own variations of the brand's image, which could dilute the brand's value. Franchisees benefit from the established brand recognition but must adhere strictly to Bojangles's standards regarding trade dress.