Is a Bojangles franchisee allowed to contest the validity or Bojangles' ownership of the Trade Dress directly or indirectly?

According to Bojangles's 2025 Franchise Disclosure Document, franchisees are prohibited from directly or indirectly contesting the validity or Bojangles' ownership of its Trade Dress. The Trade Dress, which includes elements such as color schemes, patterns, designs, decor, furnishings, and layout, is acknowledged as the exclusive property of Bojangles.

This provision ensures that franchisees recognize and respect Bojangles' intellectual property rights. By agreeing not to contest the Trade Dress, franchisees acknowledge that they have no ownership interest in it, except for the licensed use granted by the franchise agreement. This protects the brand's identity and consistency across all franchise locations.

This restriction is a standard practice in franchising, as it safeguards the franchisor's brand and reputation. It prevents franchisees from taking actions that could undermine the brand's distinctiveness or create confusion among consumers. Any goodwill generated through the use of the Trade Dress by the franchisee accrues solely to the benefit of Bojangles, further reinforcing the franchisor's ownership and control.