KFC is taking one of its smaller rivals to court, suing Church’s Texas Chicken for allegedly violating its trademark rights by using the term “original recipe” when offering its fried poultry products.
Church’s use of the term “original recipe” in its advertisements is “likely to deceive, confuse and mislead purchasers and potential purchasers into believing that the goods and services offered under the brand are affiliated with, authorized by or originate of 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 term in late September and objected in a letter it sent to the Atlanta-based chicken chain the following month, the complaint said.
“On behalf of fried chicken lovers, we take it personally when another company tries to claim our iconic flavor and brand name as their own,” KFC said in an emailed statement.
Church declined to comment, citing active litigation.
Church’s Texas Chicken announced the “return of its legendary original recipe” to all its U.S. restaurants in a press release in late October, calling it a “rejuvenated 1952 recipe.”
KFC is struggling with anemic sales. Yum Brands told investors during an earnings call last week that U.S. same-store sales fell for a third consecutive quarter, most recently by 5%. “Limited-term offerings fell short of expectations due to an intensified competitive environment, especially within the chicken QSR (quick-service restaurant) category,” said David Gibbs, CEO of Yum.
KFC trademarked the phrase “original recipe” in 1984, calling it a secret blend of 11 herbs and spices.
