KFC has sued a rival fried chicken brand for using the phrase ‘Original Recipe’ in its advertising.
The company accused Church’s Texas Chicken of violating its trademark rights when it started featuring the phrase in promotions in September.
KFC has been using the phrase for over half a century to describe its top secret signature blend of 11 secret herbs and spices.
The recipe is so closely guarded that KFC calls it one of the most ‘iconic trade secrets in the food industry,’ and trademarked the phrase in 1984.
In a lawsuit, KFC claimed it noticed Church’s ‘abruptly’ began using the phrase in advertisements on September 30, and ignored a complaint letter in October.
One of the disputed Church’s social media advertisements features an older photograph of a restaurant, contrasted with a present-day picture.
The text above reads: ‘Different decade, same Church’s. Our original recipe is back.’
Another video promotion features a former Church’s worker saying: ‘If they’re bringing back the original recipe, you know it’s going to be good.’
KFC’s lawsuit, filed in US District Court in Texas, alleges that Church’s use of the phrase ‘is likely to create confusion in the marketplace and dilute the ORIGINAL RECIPE® Mark.’
It said KFC’s trademark recipe is one of the best known in the world, and has become synonymous with the brand’s products.
‘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 in a statement to CNN.
‘We remain committed to protecting our brand’s intellectual property and safeguarding the experience of our customers.’
Church’s declined to comment to the outlet, due to active litigation.
The lawsuit comes as KFC is facing falling sales in its restaurants across the US.
KFC’s parent company Yum! Brands said during a third quarter earnings call last week that US sales had fallen 5 percent – the third straight quarter of declines.
Yum! Brands CEO David Gibbs put it down to increased competition from other fast food companies.
KFC has been using the ‘Original Recipe’ phrase for over half a century to describe its top secret signature chicken recipe, which it says is a blend of 11 herbs and spices
In a lawsuit, KFC claimed it noticed Church’s ‘abruptly’ began using the phrase in advertisements on September 30, and ignored a complaint letter in October
‘In the US, limited-time offers underperformed expectations due to a more intense competitive environment, particularly within the chicken QSR (quick-service restaurant) category,’ he said.
Other leading fried chicken brands that KFC is competing with are Popeyes, Raising Cane’s, Chick-fil-A and Zaxby’s.
KFC is trying new products and deals to lure customers back. Last month, for the first time it started to make tenders with its ‘original recipe’ that it uses for its chicken on-the-bone products.
Earlier this summer KFC entered the value wars with its $5 meal deal after seeing sales fall earlier in the year.
