What must a Bojangles franchisee do if litigation involving the Proprietary Marks is threatened or instituted against them?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- (9) In the event that litigation involving the Proprietary Marks is instituted or threatened against Franchisee, Franchisee shall promptly notify Franchisor.
Franchisor shall conduct the defense, and bear the expense of such litigation, but shall be entitled to settle or otherwise dispose of the litigation on terms which, in its sole discretion, it may decide upon.
Franchisee shall cooperate fully with Franchisor in defending or settling such litigation.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, if a franchisee faces litigation or a threatened lawsuit involving the Proprietary Marks, the franchisee must promptly notify Bojangles. After the franchisee notifies Bojangles, Bojangles will handle the defense and cover the expenses of the litigation. However, Bojangles has the right to settle or otherwise resolve the litigation under terms they consider appropriate.
This means that while the franchisee is obligated to inform Bojangles of any legal challenges to the Proprietary Marks, Bojangles assumes control over the legal proceedings. The franchisee is not empowered to make independent decisions about the litigation's strategy or settlement terms.
The franchisee is required to cooperate fully with Bojangles in defending or settling any litigation. This cooperation likely includes providing documentation, testimony, and other forms of assistance as reasonably requested by Bojangles. While Bojangles bears the direct expense of the litigation, the franchisee's cooperation is essential for a robust defense. This is a fairly typical arrangement in franchising, as the franchisor has a strong interest in protecting its trademarks and brand standards consistently across all franchise locations.