• by Tanya Gazdik , November 18, 2024

KFC is suing Church’s Texas Chicken for allegedly violating its trademark rights when its fried chicken competitor began using the words “original recipe” in its advertising and promotions.

“KFC claimed in a lawsuit that beginning Sept. 30, it noticed Church’s ‘abruptly’ began using the phrase and ignored KFC’s Oct. 24 letter objecting to the ads,” according to CNN Business. “In the disputed promotions, Church’s posted photos of its fried chicken deals with text above reading: “our original recipe is back.”

Church's use of the phrase "original recipe" in its own advertisements "is likely to create confusion in the marketplace,” according to the lawsuit. 

KFC holds two separate trademarks for the phrase, which has been used in its advertising since 1972, according to USA Today.

"On behalf of all fried chicken lovers out there, we take it personally when another company tries to claim our iconic taste and branding as their own," a KFC spokesperson tells Reuters. "We remain committed to protecting our brand's intellectual property and safeguarding the experience of our customers.”

KFC trademarked the "original recipe" phrase in 1984, calling it a secret blend of 11 herbs and spices.

"KFC is contending with anemic sales,” notes CBS News. “Yum Brands told investors on an earning call last week that U.S. same-store sales declined for a third consecutive quarter, most recently down 5%.”

The suit is similar to the pressure campaign Yum Brands ran last year to force Taco John’s to relinquish its “Taco Tuesday” trademark so Taco Bell could use the same promotion, according to Restaurant Dive.

“Of the three advertisements KFC cites at the start of the complaint, one is from Church’s website, while another is a social media post showing Church’s posters on a wall,” according to Restaurant Dive. The third is a still from a series of television advertisements that show Church’s restaurants and are available on Church’s YouTube channel."