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Kentucky Fried Chicken (KFC) has initiated legal action against Church’s Texas Chicken, alleging trademark infringement over the use of the phrase “Original Recipe.”
In a lawsuit filed in U.S. District Court in Texas, KFC claims that Church’s recent revival of its “Original Recipe” phrase usage and subsequent marketing campaign infringes on KFC’s long-standing trademark. The fast-food giant argues that Church’s use of the phrase is likely to confuse consumers and dilute the distinctiveness of KFC’s “Original Recipe” brand.
KFC, known for its iconic “Original Recipe” fried chicken, has held the trademark for over 50 years. The company asserts that Church’s decision to adopt the same phrase, even after receiving a cease-and-desist letter, constitutes willful trademark infringement.
The lawsuit alleges that, Church’s Chicken using the phrase that has been associated with KFC, “is likely to create confusion in the marketplace and dilute the ORIGINAL RECIPE® Mark.”
KFC filed the lawsuit on November 8th, alleging that Church’s started using the phrase out of nowhere (in September) and then they also ignored a letter sent by KFC asking them to stop using the phrase in ads and promotions.
KFC spokesperson said in a statement:
“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. We remain committed to protecting our brand’s intellectual property and safeguarding the experience of our customers.”
Church’s has declined to comment on the lawsuit while it’s active.
This comes at a time when KFC faces sluggish sales under its parent company Yum Brands. Last summer, the chain closed an unknown number of locations in the Midwest citing, economic pressures.
