If litigation involving the Proprietary Marks is threatened against a Bojangles franchisee, who is responsible for conducting the defense and bearing the expenses?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- (9) In the event that litigation involving the Proprietary Marks is instituted or threatened against Franchisee, Franchisee shall promptly notify Franchisor. Franchisor shall conduct the defense, and bear the expense of such litigation, but shall be entitled to settle or otherwise dispose of the litigation on terms which, in its sole discretion, it may decide upon. Franchisee shall cooperate fully with Franchisor in defending or settling such litigation.
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, if a franchisee faces threatened or actual litigation involving the Proprietary Marks, the franchisee must promptly inform Bojangles. Bojangles assumes responsibility for conducting the defense in such cases.
Bojangles also bears the expenses associated with the litigation. However, Bojangles retains the right to settle or otherwise resolve the litigation under terms it deems appropriate in its sole discretion.
The franchisee is required to cooperate fully with Bojangles in defending or settling any such litigation. This cooperation is essential to ensure a coordinated and effective legal strategy. This clause protects the franchisee from bearing the potentially high costs of litigation related to the brand's trademarks, while also ensuring that Bojangles maintains control over the legal strategy to protect its brand.