What should I do if I suspect unauthorized use of the principal trademarks related to Bojangles?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
validity of the principal trademarks.
You must promptly notify us of any suspected unauthorized use of the principal trademarks and of any litigation involving the principal trademarks that is threatened or instituted against you. We are not obligated by the Franchise Agreement, nor otherwise, to protect any rights granted to you to use the principal trademarks or to protect you against claims of infringement or unfair competition with respect to them. We have the sole right to direct and control any administrative proceeding or litigation involving the principal trademarks, including any settlement.
We reserve the right to modify or discontinue principal trademarks or substitute different principal trademarks for use in identifying the Bojangles System and the businesses operating under it at our sole discretion and will have no obligation or liability to you as a result of any modification, discontinuance or substitution.
Source: Item 13 — TRADEMARKS (FDD pages 50–52)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, if a franchisee suspects unauthorized use of the principal trademarks, they must promptly notify Bojangles. Bojangles retains the sole right to direct and control any administrative proceeding or litigation involving the principal trademarks, including any settlement decisions.
This means that while franchisees are required to report any suspected unauthorized use of Bojangles's trademarks, they do not have the right to independently pursue legal action to protect the trademarks. Bojangles maintains control over how such matters are handled. This is a fairly standard practice in franchising, as it ensures brand consistency and allows the franchisor to manage legal risks associated with trademark protection.
Bojangles is not obligated by the Franchise Agreement, nor otherwise, to protect any rights granted to you to use the principal trademarks or to protect you against claims of infringement or unfair competition with respect to them. However, Bojangles states that it will take all steps reasonably necessary to preserve and protect their ownership in and validity of the principal trademarks.