Who is responsible for conducting the defense and bearing the expenses of litigation involving the Proprietary Marks for a Bojangles franchise?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
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)
Based on the 2025 Franchise Disclosure Document, the FDD does not specify who is responsible for conducting the defense and bearing the expenses of litigation involving the Proprietary Marks for a Bojangles franchise. However, the document does state that in the event of litigation involving the Trade Dress, the Franchisor will conduct the defense and bear the expenses of such litigation.
Item 22 outlines the responsibilities of both the franchisor and franchisee regarding Proprietary Marks and Trade Dress. Bojangles retains ownership and control over its Proprietary Marks, and franchisees are granted a limited license to use them. Franchisees must use the marks as authorized and must identify themselves as the business owners in conjunction with the use of the marks.
While the FDD details the franchisor's responsibility for litigation expenses related to Trade Dress, it remains silent on the handling of similar situations involving Proprietary Marks. A prospective franchisee should seek clarification from Bojangles regarding the allocation of responsibility for defense and expenses in cases of litigation over the Proprietary Marks to fully understand their potential financial exposure.