What is a Bojangles franchisee's obligation if they learn about an infringement on the use of copyrighted items?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
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 Bojangles's 2025 Franchise Disclosure Document, a franchisee is obligated to notify Bojangles immediately if they become aware of any infringement on the use of items that may be copyrighted by Bojangles. This includes any unauthorized use of Bojangles' building prototype plans, advertising materials, websites, social media sites, artistic designs, forms, or programs.
However, the FDD also states that Bojangles is not obligated to protect any rights granted to the franchisee or to defend the franchisee against claims of infringement or unfair competition. This means that while franchisees must inform Bojangles of any potential copyright infringements, Bojangles is not required to take any action to protect the franchisee's interests. This could leave the franchisee vulnerable to legal challenges or financial losses if their use of copyrighted materials is challenged.
In the event of litigation involving copyrighted items being instituted or threatened against a Bojangles franchisee, the franchisee must promptly notify Bojangles. Bojangles will then conduct the defense and bear the expenses of the litigation and can settle the litigation on terms they decide. The franchisee is required to cooperate fully with Bojangles in defending or settling any such litigation. This clause gives Bojangles significant control over the handling of copyright-related legal issues, even if they directly affect the franchisee's business.