KFC, the iconic fried chicken brand known for its "Original Recipe" secret blend of 11 herbs and spices, has filed a lawsuit against Church's Texas Chicken.
The lawsuit accuses Church's of violating its trademark by using the words "Original Recipe" in its advertising and promotions. KFC has been using the phrase since 1972 and registered the trademark in 1984.
According to the lawsuit, beginning on or around September 30, Church's "abruptly" began using the phrase in direct violation of KFC's trademark rights.
The suit claims Church's use of the phrase, which has been central to KFC's branding for over half a century, "is likely to create confusion in the marketplace and dilute the Original Recipe® Mark."
"Because of KFC's exclusive and extensive use of the Original Recipe® Mark, the mark has acquired substantial value and is widely recognized as identifying and distinguishing KFC as the source of goods and services offered in connection with the Original Recipe® Mark," the lawsuit states.
KFC further claims that despite receiving a formal letter of objection on October 24, Church's ignored the request to cease using the term. The lawsuit goes on the say Church's is "causing irreparable injury to KFC and to its goodwill and reputation and will continue to both damage KFC and deceive the public," by using the phrase.
"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."
On October 31, Church's announced that its "legendary original recipe" was returning to all U.S. restaurants.
"This beloved flavor, which started it all, is back — better than ever," the announcement said. "The rejuvenated 1952 recipe has been infused with richer, savory spices that penetrate deep down to the bone."
Church's declined to comment, citing active litigation.
KFC is seeking monetary damages and an order to block Church's from using the phrase.