KFC Suing Church's Chicken Over Two-Word Phrase

Kentucky Fried Chicken and Church's Texas Chicken both pride themselves on their "Original Recipe" menu offerings. But it turns out Church's Original Recipe could land the chain in legal trouble. 

In a new lawsuit filed in US District Court in Texas, KFC is accusing Church's of violating its trademark rights when, according to KFC, the competing chain "abruptly" began using the phrase "original recipe" in its branding, according to CNN. This allegedly represents a violation of KFC's trademark rights, as KFC has been using the moniker for more than half a century. The phrase "original recipe" first emerged in 1972 and were trademarked in 1984. 

KFC issued a letter Oct. 24 calling out Church's for its use of the two words, but the competitor didn't relent. The promotions in question, shared even after the letter was published, featured Church's fried chicken deals and text that read "Our original recipe is back." 

Church's use of the term "original recipe," the lawsuit said, would be "likely to create confusion in the marketplace and dilute the Original Recipe® mark." "Purchasers and prospective purchasers who are disappointed with [Church’s] products and services are likely to attribute their dissatisfaction to KFC," the suit explained, per Taste of Country.

Needless to say KFC is working hard to defend its super-secret original recipe—both the spice combination and the two-word phrase itself. 

"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 Nov. 12. "We remain committed to protecting our brand’s intellectual property and safeguarding the experience of our customers."