Is Bojangles obligated to protect a franchisee against claims of infringement or unfair competition?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us immediately if you learn about an infringement on our and your use of any item that may be copyrighted by us. However, we are not obligated by the Franchise Agreement, nor otherwise, to protect any rights that may be granted to you or to protect you against claims of infringement or unfair competition with respect to them.
In the event that litigation involving any items that may be copyrighted is instituted or threatened against you, you must 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.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 52–53)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, Bojangles is not obligated to protect a franchisee against claims of infringement or unfair competition. While franchisees must notify Bojangles immediately if they learn about an infringement on the use of any item copyrighted by Bojangles, the Franchise Agreement does not require Bojangles to protect any rights granted to the franchisee or to defend against claims of infringement or unfair competition.
However, if litigation involving copyrighted items is instituted or threatened against a franchisee, the FDD states that Bojangles will conduct the defense and bear the expense of such litigation. Bojangles also has the right to settle or otherwise dispose of the litigation on terms they decide. In such cases, the franchisee must cooperate fully with Bojangles in defending or settling the litigation.
This means that while Bojangles will take the lead in defending against copyright litigation, the franchisee has a responsibility to assist in the process. It is important for prospective franchisees to understand the scope of protection offered by Bojangles and to consider the potential costs and risks associated with intellectual property disputes.