Is a Bojangles franchisee allowed to use trade dress not designated by the franchisor?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
D.
Franchisee expressly understands and acknowledges that Franchisor has developed certain unique Trade Dress as part of the Bojangles System, including but not limited to color schemes, patterns, designs, decor, furnishings and layout.
- 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.
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles' 2025 Franchise Disclosure Document, franchisees must use only the trade dress designated by Bojangles. The trade dress includes elements such as color schemes, patterns, designs, decor, furnishings, and layout. Franchisees are authorized to use the trade dress only in the manner that Bojangles permits.
This means a franchisee cannot deviate from the approved and designated trade dress. They must adhere strictly to Bojangles' specifications for the appearance and ambiance of the restaurant. This extends not only to the physical location but also to advertising materials for the franchised business.
The franchise agreement limits the franchisee's right to use the trade dress to the agreement's term. Any unauthorized use, such as sublicensing the trade dress, is considered an infringement of Bojangles' rights and a default under the agreement. Franchisees must notify Bojangles promptly if any litigation involving the trade dress is threatened or instituted against them, and Bojangles will handle the defense of such litigation.
Bojangles retains the right to use the trade dress, grant licenses to others, and even develop other systems using the same or similar trade dress without providing any rights to the franchisee. Any goodwill arising from the franchisee's use of the trade dress benefits Bojangles exclusively. Failure to comply with these requirements can cause irreparable injury to Bojangles, and the franchisee is liable for all court costs and reasonable attorney's fees incurred by Bojangles in enforcing these provisions.