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 pitching its fried poultry products.
Church’s use of the term “original recipe” in its advertising is “likely to deceive, confuse and mislead purchasers and prospective purchasers into believing the goods and services offered under the mark are affiliated with, authorized by, or come 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 toward the end of September, and objected in a letter it sent to the Atlanta-based chicken chain the following month, according to the suit.
“On behalf of fried chicken lovers out there, we take it personally when another company tries to claim our iconic taste and branding as their own,” KFC said in an emailed statement.
Church’s declined to comment, citing active litigation.
Church’s Texas Chicken at the end of October announced the “return of its legendary original recipe” in all of its U.S. restaurants in a news release, touting what it described as a “rejuvenated 1952 recipe.”
KFC is contending with anemic sales. 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%. “Limited-time offers underperformed expectations due to a more intense competitive environment, particularly within the chicken QSR (quick-service restaurant) category,” Yum CEO David Gibbs said.
KFC trademarked the “original recipe” phrase in 1984, calling it a secret blend of 11 herbs and spices.
