KFC is suing a rival fried chicken brand for using the phrase “Original Recipe” in its advertising.
The company accused Church’s Texas Chicken of violating its trademark rights when it began including the phrase in promotions in September.
KFC has been using the phrase for more than half a century to describe its top-secret blend of 11 secret herbs and spices.
The recipe is so closely guarded that KFC calls it one of the “food industry’s most iconic trade secrets” and trademarked the phrase in 1984.
in a lawsuitKFC claimed to have noticed that Church’s began using the phrase “abruptly” in ads on September 30 and ignored a complaint letter in October.
One of the Church’s disputed social media ads shows an older photograph of a restaurant, contrasted with a current image.
The text above says: ‘Different decade, same Church’. Our original recipe is back.’
In another promotional video, a former Church worker appears saying: “If they get the original recipe back, you know it will be good.”
KFC’s lawsuit, filed in the U.S. District Court in Texas, alleges that Church’s use of the phrase “is likely to create confusion in the marketplace and dilute the ORIGINAL RECIPE® mark.”
He said KFC’s signature recipe is one of the best known in the world and has become synonymous with the brand’s products.
“On behalf of all fried chicken lovers, we take it personally when another company tries to claim our iconic flavor and brand as their own,” a KFC spokesperson said in a statement to cnn.
“We remain committed to protecting our brand intellectual property and safeguarding our customers’ experience.”
Church’s declined to comment to the outlet due to active litigation.
The lawsuit comes as KFC faces declining sales at its restaurants across the United States.
KFC’s parent company, Yum! Brands said during a third-quarter earnings call last week that U.S. sales had fallen 5 percent, the third consecutive quarter of declines.
Hmm! Brands CEO David Gibbs attributed this to increased competition from other fast food companies.
KFC has been using the phrase ‘Original Recipe’ for more than half a century to describe its top-secret chicken recipe, which it says is a blend of 11 herbs and spices.
In a lawsuit, KFC claimed it noticed Church’s began using the phrase “abruptly” in ads on Sept. 30 and ignored a complaint letter in October.
“In the United States, limited-time offerings underperformed expectations due to a more intense competitive environment, particularly within the QSR (quick-service restaurant) chicken category,” he said.
Other leading fried chicken brands that KFC competes with include Popeyes, Raising Cane’s, Chick-fil-A and Zaxby’s.
KFC is testing new products and offers to attract customers. Last month, for the first time it began putting out tenders with its ‘original recipe’ that it uses for its bone-in chicken products.
Earlier this summer, KFC entered the value wars with its $5 meal deal after seeing sales decline earlier in the year.