KFC is taking one of its smaller rivals to court, suing Church’s Texas Chicken for allegedly violating its trademark rights by using the phrase “original recipe” in the presentation of its fried poultry products.
Church’s use of the term “original recipe” in its advertising is “likely to deceive, confuse and mislead purchasers and potential purchasers into believing that goods and services offered under the brand are affiliated, authorized by or originate from KFC,” the chain operated by Yum Brands, claimed in a lawsuit filed last week in U.S. District Court in Texas.
KFC became aware of Church’s use of the phrase near the end of September and objected to it in a letter sent to the Atlanta-based chicken chain the following month, according to the suit.
“On behalf of fried chicken lovers, we take it personally when another company attempts to lay claim to our iconic taste and branding,” KFC said in an emailed statement.
Church’s declined to comment, citing active litigation.
Church’s Texas Chicken announced the “return of its legendary original recipe” to all of its U.S. restaurants in a press release in late October, touting what it described as a “rejuvenated recipe from 1952.”
KFC faces anemic sales. Yum Brands told investors on a conference call last week that U.S. same-store sales declined for a third straight quarter, most recently down 5%. “Limited time offers have not met expectations due to a more intense competitive environment, particularly in the chicken QSR (quick service restaurant) category,” said David Gibbs, CEO of Yum.
KFC trademarked the term “original recipe” in 1984, calling it a secret blend of 11 herbs and spices.
