What is a Bojangles franchisee required to do if litigation involving copyrighted items is threatened or instituted against them?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
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 Bojangles's 2025 Franchise Disclosure Document, if a franchisee faces threatened or actual litigation involving copyrighted items, they must promptly notify Bojangles. Bojangles will then take control of the defense, manage the expenses, and decide on the terms for settling or otherwise resolving the litigation. The franchisee is obligated to fully cooperate with Bojangles in defending or settling the litigation. This means the franchisee must provide any necessary information, documentation, and assistance that Bojangles requests.
This requirement is fairly standard in franchising, as franchisors typically want to control the defense of copyright and intellectual property lawsuits to protect the brand and its trademarks. By retaining control, Bojangles can ensure a consistent legal strategy and minimize potential damage to the brand's reputation.
For a prospective Bojangles franchisee, this means that while they are required to report any copyright litigation, Bojangles assumes responsibility for the legal process and costs. However, the franchisee must be prepared to actively assist Bojangles by providing information and support as needed throughout the litigation. Failure to cooperate could potentially lead to breaches of the franchise agreement.