KFC Drops Lawsuit vs Church’s Texas Chicken Over Trademark Dispute

Fastfood giant KFC has decided to drop its lawsuit against rival firm Church’s Texas Chicken over the use of “Original Recipe” phrase in the latter’s advertising materials.

On Tuesday, December 17, KFC asked a Texas federal court to drop the case without prejudice, allowing for the possibility of reinitiating the lawsuit at a later date.

Both KFC and Church’s have yet to comment on whether the issue has been resolved or provide further details on the matter.

‘KFC takes it personally’

The legal dispute began last month when KFC filed a lawsuit in the US District Court for the Eastern District of Texas, saying that it takes it personally “when another company tries to claim our iconic taste and branding as their own.”

Church’s, which has yet to publicly respond to the allegations, declined to comment on the case.

KFC, which has used the “Original Recipe” slogan to market its fried chicken since 1972, claimed that Church’s began using the same phrase in its ads since September.

Specifically, it pointed to Church’s promotion of its chicken legs and thighs featuring the slogan “Our Original Recipe Is Back.”

KFC argued that Church’s use of the phrase was likely to confuse consumers and diminish the distinctiveness and value of its well-known brand.

The company sought both monetary damages and an injunction to prevent Church’s from using the term “Original Recipe” in its marketing materials.

The dispute between the two chicken chains was further fueled by Church’s announcement in late October of a “rejuvenated 1952 recipe,” touted as the “return of its legendary original recipe” in US locations.

The legal action came after KFC’s ongoing sales challenges.

Yum Brands, which owns KFC, revealed in an earnings report last week that US same-store sales had fallen for three consecutive quarters, with the most recent falling by as much as 5 percent.

Yum Brands Chief Executive Officer David Gibbs noted that limited-time offers underperformed expectations due to a more intense competitive environment, particularly within the chicken quick-service restaurant category.

KFC trademarked the “Original Recipe” phrase in 1984, referring to its signature blend of 11 herbs and spices that has become central to its brand identity.

Do you agree that KFC should own the ‘Original Recipe’ phrase for fried chicken marketing?