KFC Files Against Church's Texas Chicken Over 'Original Recipe' Ads
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(RTTNews) - Fast-food restaurant chain KFC, owned by Yum! Brands, has sued rival Church's Texas Chicken in federal court for allegedly violating its trademark rights by using "Original Recipe" phrase in its ads.
In a filing with the U.S. District Court for the Eastern District of Texas, the fried chicken chain complained that the use of phrase in ads for Church's fried chicken is likely to create confusion among customers and dilute the ORIGINAL RECIPE Mark.
With its lawsuit, KFC is seeking monetary damages and an order to block Church's from using the phrase.
As per the complaint, KFC has been using trademarked "Original Recipe" phrase since 1972 to advertise its secret blend of herbs and spices used in chicken recipes. According to KFC, "That combination of 11 herbs and spices is one of the most well-known, iconic trade secrets in the food industry."
Meanwhile, Church's began using the same phrase in its ads for its chicken legs and thighs in September. Church's uses "Our Original Recipe Is Back" in its marketing in television and digital advertisements.
KFC said it sent a letter in October to Church's after finding out the usage, expressing concern that the ads will confuse consumers. The firm reportedly noted that the use of the words undoubtedly have the effect of diminishing the distinctive quality and value of KFC's famous marks. Church's is yet to respond to the letter, the company said.
Reuters quoted a KFC spokesperson as saying, "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. We remain committed to protecting our brand's intellectual property and safeguarding the experience of our customers."
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