If a Bojangles franchisee continues to operate another business after the termination or expiration of the franchise agreement, what is prohibited regarding the use of Bojangles' proprietary marks?

According to Bojangles's 2025 Franchise Disclosure Document, after the termination or expiration of the franchise agreement, if a franchisee continues to operate another business, they are prohibited from using any reproduction, counterfeit, copy, or colorable imitation of Bojangles' Proprietary Marks. This restriction applies both to the operation of the other business and its promotion. The aim is to prevent any actions that could cause confusion, mistake, or deception, or that could dilute Bojangles' rights to its Proprietary Marks.

This provision ensures that former franchisees do not leverage the brand recognition and goodwill associated with Bojangles to benefit their new ventures. It protects Bojangles from potential market confusion and maintains the integrity of its brand identity. The franchisee also agrees not to utilize any Trade Dress or designation of origin or words or conduct which would cause the public to believe that there is still an affiliation between Bojangles and the franchisee's new business.

For a prospective Bojangles franchisee, this clause highlights the importance of understanding the limitations on using the brand's intellectual property after the franchise agreement ends. It means that any new business venture must be distinctly different from Bojangles to avoid legal repercussions and maintain a clear separation between the brands. Franchisees should seek legal counsel to ensure full compliance with these post-termination obligations.

This type of clause is standard in franchise agreements across various industries, as franchisors need to protect their trademarks and brand identity. Bojangles is ensuring that its brand remains exclusive and that consumers can clearly distinguish between a Bojangles restaurant and other establishments.