If litigation involving the Trade Dress is threatened against a Bojangles franchisee, what is the franchisee required to do?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- (4) In the event that litigation involving the Trade Dress 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 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, if a franchisee faces threatened or actual litigation involving the Trade Dress, they must promptly notify Bojangles. The Trade Dress includes elements such as color schemes, patterns, designs, decor, furnishings, and layout that define the unique look and feel of Bojangles restaurants.
Bojangles retains control over the defense and expenses of any such litigation and has the right to settle the litigation on terms it deems appropriate. The franchisee is obligated to fully cooperate with Bojangles in defending or settling the litigation. This means the franchisee must provide any necessary information, documentation, or assistance that Bojangles requests to manage the legal situation effectively.
This arrangement protects Bojangles's brand and Trade Dress, ensuring consistent defense strategies across all franchise locations. For the franchisee, it means they are not solely responsible for the financial and legal burdens of Trade Dress litigation, but they must actively support Bojangles in resolving the issue. Franchisees benefit from Bojangles's expertise and resources in handling such matters, while Bojangles maintains control over its brand protection efforts.