New York (CNN) — No, not the recipe itself. Just the literal phrase.
Last week, KFC accused Church’s Texas Chicken of violating its trademark rights when its fried chicken competitor began using the words “Original Recipe” in its advertising and promotions.
KFC claimed in a lawsuit that beginning September 30, it noticed Church’s “abruptly” began using the phrase and ignored KFC’s October 24 letter objecting to the ads. In the disputed promotions, Church’s posted photos of its fried chicken deals with text above reading: “our original recipe is back.”
The phrase, which KFC has been using for over half a century, “is likely to create confusion in the marketplace and dilute the ORIGINAL RECIPE® Mark,” the lawsuit, which was filed in US District Court in Texas, said.
“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 Tuesday. “We remain committed to protecting our brand’s intellectual property and safeguarding the experience of our customers.”
Church’s declined to comment, citing active litigation.
The lawsuit comes as KFC faces sluggish sales. Parent company Yum! Brands said on its earnings call last week that US same-store sales fell 5%, its third-straight quarter of declines. Yum! Brands CEO David Gibbs attributed that to fast food competitors.
“In the US, limited-time offers underperformed expectations due to a more intense competitive environment, particularly within the chicken QSR (quick-service restaurant) category,” Gibbs said.
KFC had hopped into the value wars, rolling out a line-up of “Taste of KFC” deals, to compete with the likes of McDonald’s and Wendy’s. But when it comes to fried chicken, KFC also has to compete with Church’s Texas Chicken, Popeyes, Raising Cane’s, Zaxby’s and more.
KFC’s “Original Recipe” trademark, which it says is a secret blend of 11 herbs and spices, has long been part of the company’s branding. The blend is closely guarded, and the company calls it one of the most “iconic trade secrets in the food industry.” It first trademarked the phrase in 1984.
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