KFC Sues Church’s Chicken Over Trademark Dispute
The OG Goes on the Offensive: KFC Sues Churches Over Use of “Original Recipe”
In response to a bold move on the part of Church’s Chicken to incorporate “Original Recipe” into its latest marketing blast, KFC filed suit against Church’s in federal court in the Eastern District of Texas seeking damages and an injunction forcing Church’s to stop all use of the long-registered trademark “Original Recipe.” In its Complaint, filed on November 8, 2024, KFC maintains that Church’s latest ad campaign, launched in September this year, constitutes willful trademark infringement:
KFC Asserts Longstanding Rights Over "Original Recipe”
In particular, KFC notes its long-term brand, “introduced over half a century ago,” has become synonymous with KFC’s chicken—and long the subject of public scrutiny and speculation regarding the top-secret recipe. KFC maintains that despite its longstanding rights in and to the mark, and the significant goodwill it has built in the mark, Church’s deliberately began using the Original Recipe Mark to promote its own brand and competing line of fried chicken and restaurant services. KFC claims it sent a cease-and-desist letter to Church’s upon discovering its use of the mark, but that Church’s ignored the letter and moved forward with its marketing, even “expand[ing] its use and promotion of the ORIGINAL RECIPE Mark.” KFC asserts claims for trademark infringement, unfair competition and false designation of origin, and trademark dilution under the federal Lanham Act and dilution, trademark infringement, and unfair competition under Texas common law.
Church’s Potential Challenges in Defending the Case
While Church’s deadline to answer the lawsuit has not yet passed, defending the lawsuit could prove challenging. Given KFC’s international presence (over 30,000 locations in more than 150 markets internationally) and the worldwide recognition of its ORIGINAL RECIPE trademark, Church’s may have difficulty explaining its decision to incorporate the mark into its own, competing, ad campaign. And while the words “original” and “recipe” are absolutely general terms, particularly in the restaurant business, KFC’s decades-long, worldwide use of the mark in connection with its own competing goods and services will likely overcome that argument.
KFC Seeks Injunction and Damages
KFC seeks an injunction requiring Church’s to stop its use of the mark in all marketing and advertising or as a name or mark for any goods or services, including a recall and the destruction of all advertising and marketing materials, as well as monetary damages. We’ll continue to keep an eye on the case and its progress as the matter develops.
Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.
This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.
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