Nov 11 – Yum! Brands’ (YUM.N), opens new tab KFC has sued Church’s Texas Chicken in federal court, accusing the rival fast-food chain of violating its trademark rights in the phrase “Original Recipe.”
KFC told the U.S. District Court for the Eastern District of Texas, opens new tab on Friday that its competitor’s use of the phrase in ads for its fried chicken is likely to confuse customers.
Spokespeople for Church’s did not immediately respond to a request for comment on the complaint on Monday.
“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 said. “We remain committed to protecting our brand’s intellectual property and safeguarding the experience of our customers.”
KFC has been using “Original Recipe” to advertise its chicken’s secret blend of herbs and spices since 1972, according to the complaint.
KFC said that Atlanta-based Church’s began using “Original Recipe” in its marketing in late September. The complaint cited Church’s ads for its chicken legs and thighs that say “Our Original Recipe Is Back.”
The complaint said that KFC sent a letter to Church’s representatives last month expressing concern that the ads will confuse consumers and “undoubtedly have the effect of diminishing the distinctive quality and value of KFC’s famous marks.”
Church’s has not responded to the letter, KFC said.
KFC asked the court for an unspecified amount of monetary damages and an order blocking Church’s from using the phrase.
The case is KFC Corp v. Church’s Texas Chicken, U.S. District Court for the Eastern District of Texas, No. 4:24-cv-01000.
For KFC: Joseph Petersen, Craig McDougal and Christin Jones of Kilpatrick Townsend & Stockton
For Church’s: attorney information not yet available
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REUTERS