What happens if a Bojangles franchisee makes unauthorized use of Bojangles' trademarks?

According to Bojangles's 2025 Franchise Disclosure Document, a franchisee's rights to use Bojangles' proprietary marks are explicitly limited to the term of the Franchise Agreement. These rights automatically cease upon the agreement's expiration or earlier termination. Furthermore, the franchisee's use of the marks is restricted to the specific uses authorized within the agreement.

Any unauthorized use of Bojangles' proprietary marks by a franchisee constitutes an infringement of Bojangles' rights. This includes, but is not limited to, sublicensing the use of the Proprietary Marks. Such infringement is considered a default under the Franchise Agreement, which could lead to termination of the franchise.

Bojangles emphasizes the importance of protecting its trademarks and trade dress, as they are essential for identifying the source of services and products and representing the system's standards. Franchisees must adhere to the franchisor's designated Proprietary Marks and use them only in the manner authorized. This includes operating and advertising the franchised business under the names specified by Bojangles, such as "BOJANGLES® Restaurant", without unauthorized prefixes or suffixes.

Moreover, Bojangles provides franchisees with access to proprietary information, including recipes, formulas, logos, and designs, for the operation of the restaurant. Franchisees are prohibited from disclosing this information to third parties or using it for any purpose other than operating the franchised restaurant. This includes a restriction on offering for sale, at any other location, food or drink products prepared using Bojangles' recipes or formulas. Failure to comply with these requirements can cause irreparable injury to Bojangles, and the franchisee may be liable for court costs and reasonable attorneys' fees incurred by Bojangles in obtaining specific performance or an injunction against the violation.