Is a Bojangles franchisee allowed to use copyrighted materials without permission?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
We claim copyright protection in our building prototype plans and specifications, advertising and promotional materials, websites, social media sites, artistic designs and a variety of forms and programs. The information contained in these items may be used only with our permission, and at our direction. We also own business and technical information, such as our Manual, training materials, market research, formulas, patterns, programs, devices, compilations of information, methods, techniques, and processes that we maintain as trade secrets. We have not registered those materials with the United States Registrar of Copyrights.
You must operate your Restaurant in accordance with the Manual. The Manual may be provided to you by electronic access rather than physical, written copy. You must treat the Manual, any other manuals created for or approved for use in the operation of your Restaurant, and the information contained in them, as confidential, and must use reasonable efforts to maintain this information as secret and confidential. You must not copy, duplicate, record or otherwise reproduce these materials, in whole or in part, or otherwise make them available to any unauthorized person. We may periodically revise the contents of the Manual, and you must comply with each new or changed standard. You must ensure that the Manual is kept current at all times. In the event of any dispute as to the contents of the Manual, the terms of the master copy of the Manual maintained by us at our home office shall be controlling.
You must notify us immediately if you learn about an infringement on our and your use of any item that may be copyrighted by us. However, we are not obligated by the Franchise Agreement, nor otherwise, to protect any rights that may be granted to you or to protect you against claims of infringement or unfair competition with respect to them.
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 the 2025 Bojangles Franchise Disclosure Document, franchisees must obtain permission to use copyrighted materials. Bojangles claims copyright protection in its building prototype plans, specifications, advertising and promotional materials, websites, social media sites, artistic designs, forms, and programs. Franchisees can only use this information with Bojangles' permission and direction.
Bojangles provides franchisees with a Manual that contains confidential business and technical information, including training materials, market research, formulas, patterns, programs, devices, compilations of information, methods, techniques, and processes that Bojangles maintains as trade secrets. Franchisees must operate their restaurant according to the Manual and treat it as confidential. Franchisees cannot copy, duplicate, record, or reproduce the manual or its contents, or make them available to unauthorized persons. Bojangles may revise the Manual periodically, and franchisees must comply with any changes.
If a franchisee learns of any infringement on Bojangles' copyrighted items, they must notify Bojangles immediately. However, Bojangles is not obligated to protect the franchisee against claims of infringement or unfair competition. If litigation involving copyrighted items is instituted or threatened against a franchisee, the franchisee must promptly notify Bojangles. Bojangles will conduct the defense and bear the expense of such litigation and can settle the litigation at its sole discretion. The franchisee must cooperate fully with Bojangles in defending or settling any such litigation.