If litigation involving the principal trademarks is instituted against a Bojangles franchisee, who conducts the defense?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
s that are material to any franchise.
In the event that litigation involving the principal trademarks is instituted or threatened against you, and you 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.
The right to use the principal trademarks granted in the Franchise Agreement is non-exclusive. We, therefore, have and retain the rights, among others:
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- To use the principal trademarks in connection with selling products and services;
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- To grant other licenses for the principal trademarks, in addition to those licenses already granted to existing franchisees; and
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- To develop and establish other systems using the same or similar principal trademarks, or any other principal trademarks, and to grant licenses or franchises thereto without providing any rights therein to you.
Source: Item 13 — TRADEMARKS (FDD pages 50–52)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, if litigation involving the principal trademarks is instituted or threatened against a franchisee, Bojangles will conduct the defense. Bojangles will also bear the expense of the litigation and is entitled to settle or otherwise dispose of the litigation on terms they decide, in their sole discretion. However, the franchisee must cooperate fully with Bojangles in defending or settling the litigation.
This means that if a franchisee is sued for trademark infringement related to the Bojangles brand, Bojangles takes control of the legal defense. This is a significant benefit for franchisees, as trademark litigation can be costly and complex. By assuming responsibility for the defense, Bojangles protects its brand and provides legal support to its franchisees. The franchisee's main responsibility is to cooperate with Bojangles's legal team.
However, Bojangles is not obligated to protect franchisees against claims of infringement or unfair competition with respect to the principal trademarks. Bojangles retains the sole right to direct and control any administrative proceeding or litigation involving the principal trademarks, including any settlement. Franchisees must promptly notify Bojangles of any suspected unauthorized use of the principal trademarks and of any litigation involving the principal trademarks that is threatened or instituted against them.