In a recent legal clash, KFC has accused Church’s Texas Chicken of infringing on its trademark rights due to the latter’s use of the phrase “Original Recipe” in its advertising efforts. The conflict is not just about a generic phrase but is centered around a wording that KFC has proudly associated with its brand for over fifty years. This situation highlights the intense competition in the fast-food market, particularly among quick-service restaurants (QSRs) specializing in fried chicken.
The legal proceedings commenced when KFC asserted through a lawsuit filed in the US District Court in Texas that it noticed Church’s abrupt inclusion of the term “Original Recipe” in its promotions starting September 30, 2023. This move, according to KFC, was made despite their prior communication—an October 24 letter requesting Church’s to cease using the phrase, which they claim could cause confusion among consumers. Church’s Texas Chicken’s promotions prominently featured images of their fried chicken meals alongside the text proclaiming: “our original recipe is back,” further igniting KFC’s concerns over brand dilution.
KFC’s lawsuit underscores their apprehension that the use of the phrase could create significant confusion within the crowded marketplace and weaken the value associated with their well-established product name, “ORIGINAL RECIPE®.” KFC considers its trademark to be not just a marketing phrase, but a vital component of its identity in the food industry. The company argues that Church’s use of the phrase may detract from the recognized significance and reputation that the “Original Recipe” has built over decades of service.
In a noteworthy twist, Church’s Texas Chicken opted not to provide any public statement regarding the lawsuit, owing to the ongoing litigation, thus maintaining silence amid the escalating battle over intellectual property rights.
This legal tussle is set against the backdrop of KFC facing a downturn in sales. Parent company Yum! Brands recently reported a 5% decline in same-store sales during an earnings call, marking the third consecutive quarter of setbacks. Yum! Brands’ CEO, David Gibbs, pointed to increasing competition within the fast-food sector as a significant factor for these declines, particularly referencing the quick-service restaurant segment focused on chicken offerings. Gibbs expressed concern over limited-time promotions not meeting expectations amid this heightened competitive climate.
To counteract its sales challenges, KFC has been rolling out its “Taste of KFC” deals, a strategic attempt to engage consumers and fend off rival chains like McDonald’s and Wendy’s. Yet, the competition does not end there; KFC must also contend with formidable competitors such as Popeyes, Raising Cane’s, Zaxby’s, and, of course, Church’s Texas Chicken in the saturated fried chicken market.
Moreover, KFC’s trademark “Original Recipe,” touted as a closely guarded secret made from an exclusive blend of eleven herbs and spices, forms the core of its branding strategy. Its iconic status in the industry is bolstered by the fact that the phrase was officially trademarked back in 1984. This blend and its accompanying trademark not only embody KFC’s culinary identity but also reflect a recipe and tradition that many customers associate with authenticity and quality.
The current legal saga serves not only as an emblem of the competitive nature of fast-food branding but also illustrates the importance of trademark rights as vital components of sustaining market dominance in the face of increasing challenges. As the dispute unfolds, the fast-food landscape will undoubtedly be watching closely, as it may set precedents for how similar disputes are approached in the future, especially within the fiercely competitive chicken segment.
