Is the right to use the Trade Dress for a Bojangles franchise limited to the term of the Franchise Agreement?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- E.
With respect to Franchisee's licensed use of the Trade Dress pursuant to this Agreement, Franchisee agrees that:
(1) Franchisees shall use only the Trade Dress designated by Franchisor, and shall use it only in the manner authorized and permitted by Franchisor.
(2) Franchisee shall use the Trade Dress only for the operation of the Franchised Business and only at the location authorized hereunder or in advertising for the Franchised Business.
(3) Franchisee's right to use the Trade Dress is limited to the term of this Agreement and shall automatically cease upon the expiration or earlier termination of this Agreement and is limited to such uses as are authorized under this Agreement, and any unauthorized use thereof, including but not limited to sublicensing a use of the Trade Dress, shall constitute an infringement of Franchisor's rights and a default under this Agreement.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, a franchisee's right to use the Trade Dress is explicitly limited to the term of the Franchise Agreement. The Trade Dress includes elements such as color schemes, patterns, designs, decor, furnishings, and layout that define the Bojangles System's visual identity. Upon expiration or earlier termination of the Franchise Agreement, the franchisee's right to use the Trade Dress automatically ceases.
This means that a franchisee must discontinue all use of the Trade Dress immediately after the agreement ends. Any unauthorized use, including sublicensing, is considered an infringement of Bojangles's rights and a default under the agreement. This provision ensures that Bojangles maintains control over its brand identity and prevents former franchisees from leveraging the Trade Dress without authorization.
Furthermore, the FDD states that Bojangles owns all rights, titles, and interests in the Trade Dress, and the franchisee's use of it does not grant them any ownership or other interest, except for the license provided by the Franchise Agreement. In the event of litigation involving the Trade Dress, the franchisee is required to notify Bojangles promptly, and Bojangles will handle the defense and expenses of such litigation, retaining the right to settle the litigation as it sees fit. This arrangement underscores the importance of adhering to the terms of the Franchise Agreement regarding the use of Trade Dress to avoid potential legal issues and maintain a consistent brand image.