Church’s Chicken infringed on trademark with “Original Recipe” advertising claims, confusing consumers and diluting the value of KFC’s brand, according to a lawsuit filed November 11, 2024 in the U.S. District Court for the Eastern District of Texas.
"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. "We remain committed to protecting our brand's intellectual property and safeguarding the experience of our customers."
The phrase, ‘Original Recipe,’ has been a central part of KFC’S branding since 1972, referring to the chain’s 11 herbs and spices used to season its chicken. However, Church’s Chicken only began advertising the ‘return of its original recipe’ in marketing materials and advertising campaigns in September 2024, the filing said.
KFC says it sent a letter to Church’s in October that expressed concern the similar phrasing would lead to consumer confusion and brand dilution.
“(Church’s) ignored KFC’s letter and opted instead to expand its use and promotion of the mark,” the filing stated, adding that Church’s conduct is “willful and in reckless disregard of KFC’s legal rights.”
According to the lawsuit, KFC is seeking monetary damages and a court order that stop’s Church’s Chicken from using the phrase “Original Recipe” in its marketing.
KFC’s legal team from Kilpatrick Townsend & Stockton includes attorneys Joseph Petersen, Craig McDougal, and Christin Jones.
KFC recently reported its third straight quarter of same store sale declines in the U.S., although its parent company Yum! Brands did KFC recently reported its third straight quarter of same store sale declines in the U.S., although its parent company Yum! Brands did see growth and profitability in other regions worldwide. The quick service chicken chain’s most recent advertising campaign declared the end of the chicken sandwich wars, instead focusing on the battle of the chicken tenders.
