KFC has filed a lawsuit against Church’s Texas Chicken, claiming trademark infringement over the use of the phrase “Original Recipe.” According to KFC, this iconic phrase, which has defined the brand for decades, is at risk of being diluted by Church’s recent advertising campaigns.

KFC Accuses Church’s of Trademark Violation

KFC, known for its “Original Recipe” fried chicken, has accused Church’s Texas Chicken of improperly using the phrase “Original Recipe” in its advertising. Filed in the US District Court in Texas, the lawsuit claims that Church’s began using the phrase on September 30. Despite KFC’s objection in a cease-and-desist letter on October 24, Church’s continued to use “Original Recipe” in its promotions.

Church’s recent promotions showed images of its fried chicken with the headline “Our original recipe is back,” a move that KFC argues confuses customers. KFC’s lawsuit states, “The ORIGINAL RECIPE® Mark is being diluted in the marketplace and risks losing its unique association with our brand.”

A Competitive Market Heats Up

This legal battle unfolds as KFC experiences a tough competitive landscape in the US. KFC’s parent company, Yum! Brands, has reported a 5% drop in same-store sales across the United States in the last quarter, marking three consecutive quarters of decline. David Gibbs, Yum! Brands CEO, mentioned increased competition within the quick-service restaurant sector, particularly from other fast-food brands like McDonald’s and Wendy’s.

KFC is up against major competitors in the chicken industry, including Church’s Texas Chicken, Popeyes, Raising Cane’s, and Zaxby’s. The intensified rivalry has led to numerous promotional offers and value deals, with KFC recently rolling out its “Taste of KFC” line to draw customers. However, KFC sees the Church’s Texas Chicken campaign as an infringement on its unique branding, which relies heavily on the “Original Recipe” label to distinguish its product.

KFC’s Iconic Branding

KFC’s “Original Recipe,” a proprietary blend of 11 herbs and spices, has been a closely held secret and an integral part of the company’s identity. The recipe was initially trademarked in 1984 and is now seen as one of the food industry’s most protected trade secrets. Over the years, KFC has built a brand around its unique seasoning, making the “Original Recipe” a powerful marketing tool that distinguishes it from competitors.

“For KFC, ‘Original Recipe’ represents decades of tradition and quality,” a KFC spokesperson said on Tuesday. “We will protect our brand’s intellectual property to ensure our customers enjoy the authentic KFC experience.”

Church’s Texas Chicken Responds with Silence

Church’s Texas Chicken has not commented on the lawsuit, citing the active legal proceedings. The restaurant’s campaign promoting its “Original Recipe” fried chicken has been a key marketing effort as it works to establish a stronger presence in the US market.

Church’s Texas Chicken, established in Texas in the 1950s, has long been known for its Southern-inspired menu, offering a diverse range of fried chicken products. In recent years, the company has aimed to expand its brand identity, seeking to build loyalty among customers who crave classic, comfort-style fried chicken. However, KFC argues that Church’s new ad campaign leans too closely on KFC’s branding.

Legal Grounds and Potential Outcomes

The lawsuit is based on trademark law, with KFC arguing that Church’s use of “Original Recipe” is causing brand dilution and customer confusion. According to trademark law, companies have the right to protect terms that are associated with their brand. To win the case, KFC must prove that Church’s usage of “Original Recipe” poses a genuine threat to the value and distinctiveness of the KFC brand.

KFC’s trademark case will likely focus on its long-standing association with the “Original Recipe” slogan and the unique identity it has crafted around this phrase. If successful, KFC may seek damages and request that Church’s stop using the term altogether.

However, Church’s could counter by arguing that “original recipe” is a general term, not exclusive to KFC, and therefore cannot be claimed as a proprietary mark. This would set the stage for a complex legal debate over how much ownership KFC has over the term.

Impact on the Chicken QSR Market

The timing of this lawsuit coincides with a significant shift in the quick-service restaurant industry, especially within the fried chicken segment. With KFC reporting slowing sales, the company’s lawsuit may also reflect its determination to solidify its brand image amid growing competition. Additionally, KFC has been striving to hold its position as an industry leader while facing a wave of new entrants in the chicken market, each with their own unique take on the product.

The competitive pressure is particularly intense in the United States, where KFC, Popeyes, and Raising Cane’s continue to vie for customers’ loyalty. The industry has witnessed an explosion of options in recent years, ranging from value deals to premium offerings, all aiming to capture a larger market share. As KFC fights to maintain its iconic status, the company’s legal actions also signal its dedication to reinforcing its identity in a fiercely competitive space.

Way forward

The dispute between KFC and Church’s Texas Chicken underscores the importance of branding and trademark protection in the fast-food industry. KFC’s lawsuit centers on preserving its half-century-old “Original Recipe” identity, which the company sees as crucial to its continued relevance in a crowded market. As the case progresses, it could have lasting implications for how restaurants protect their brand heritage and intellectual property.

For now, KFC remains committed to defending its slogan and securing its place as a staple in the fried chicken world. The outcome of this case could reshape marketing strategies and establish new boundaries for brand protection in the highly competitive fast-food industry.