Is a Bojangles franchisee allowed to sublicense the use of the Trade Dress?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- E.
With respect to Franchisee's licensed use of the Trade Dress pursuant to this Agreement, Franchisee agrees that:
(1) Franchisees shall use only the Trade Dress designated by Franchisor, and shall use it only in the manner authorized and permitted by Franchisor.
(2) Franchisee shall use the Trade Dress only for the operation of the Franchised Business and only at the location authorized hereunder or in advertising for the Franchised Business.
(3) Franchisee's right to use the Trade Dress is limited to the term of this Agreement and shall automatically cease upon the expiration or earlier termination of this Agreement and is limited to such uses as are authorized under this Agreement, and any unauthorized use thereof, including but not limited to sublicensing a use of the Trade Dress, shall constitute an infringement of Franchisor's rights and a default under this Agreement.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, a franchisee is expressly prohibited from sublicensing the use of the Trade Dress. The Trade Dress, which includes elements such as color schemes, patterns, designs, decor, furnishings, and layout, is strictly controlled by Bojangles. Franchisees are only permitted to use the Trade Dress in the manner authorized by Bojangles, specifically for the operation of their franchised business at the approved location or in advertising for that business.
This restriction is in place to protect Bojangles's brand identity and ensure consistent quality and appearance across all franchise locations. Unauthorized use of the Trade Dress, including sublicensing, is considered an infringement of Bojangles's rights and a default under the Franchise Agreement. This means that a franchisee found to be sublicensing the Trade Dress could face legal action and potential termination of their franchise agreement.
This is a common restriction in franchising, as franchisors need to maintain tight control over their brand and image. Prospective Bojangles franchisees should understand that they are granted a limited license to use the Trade Dress and must adhere to the franchisor's guidelines. Any deviation from these guidelines or unauthorized use could have serious consequences.
Furthermore, the FDD states that Bojangles retains ownership of all rights, titles, and interests in the Trade Dress. Franchisees acknowledge that their use of the Trade Dress does not grant them any ownership or other interest, except for the limited license provided in the Franchise Agreement. This underscores the importance of complying with the terms of the agreement and respecting Bojangles's intellectual property rights.