When COVID-19 Makes Trademark Use Inappropriate

COVID-19 has certainly infiltrated all areas of the marketplace, often in unexpected ways. In recent weeks, KFC announced that it will be suspending its “finger lickin good” tagline temporarily, since “finger lickin” may not be the best advice given the global pandemic and CDC guidelines intended to slow the spread of COVID-19.  

When Certain TM Use Becomes Inappropriate

KFC, which is owned by Yum! Brands, was widely criticized in the early stages of the pandemic for an ad released in its online and United Kingdom markets featuring dozens of people licking their own—and each other’s—fingers. The ad received swift backlash as “irresponsible” and “encouraging behavior that would increase the spread of COVID-19.” Although known for its irreverent humor, KFC has since confirmed that it removed its famous 64-year old tagline from U.S. markets in March 2020. Since then, a new ad running on YouTube and in KFC markets globally features billboards and buckets of chicken with the famous slogan blurred and admonishing: “That thing we always say? Ignore it. For now.”

While the new campaign is humorous, it highlights an important consideration for companies with regard to intellectual property, as identified by Catherine Tan-Gillespie, global Chief Marketing Officer for KFC: “We find ourselves in a unique situation—having an iconic slogan that doesn’t quite fit the current environment.”  

Trademark Use to Maintain Rights and Registration

As almost all owners of intellectual property can attest, the protection and enforcement of valuable trademarks or copyrights is vital to the strength of such intellectual property. For companies world-wide, KFC’s experience raises two important questions.  First, are the company’s trademarks and copyrights appropriate in the current market or environment? Second, if they are not, how can the company suspend or alter the trademark use but still protect its valuable rights and goodwill in the intellectual property?

KFC’s creative and multi-faceted approach addresses both concerns. To begin with, the longevity and fame of KFC’s slogan allows it to allude to the slogan without expressly stating it.  In this way, KFC continues to refer to and rely upon its valuable intellectual property, albeit in a way that is sensitive to the current environment. At the same time, KFC’s public contribution to healthcare workers and other efforts to fight COVID-19 balances the humor of the updated advertising effort and shows the company’s concern for and desire to address valid concerns related to the pandemic.  KFC’s experience, and its approach, identifies important intellectual property considerations and solutions for companies worldwide. 

Key Takeaways About KFC’s Trademark Use In Blurring Its Slogan

When the COVID-19 global pandemic made KFC’s “Finger lickin Good” slogan inappropriate, the brand owner chose to continue to try to maintain rights in the slogan for future use with creative, though arguable “use” by:

• blurring its slogan;

• referring to the slogan without actually using it; and

• keeping the slogan in consumer minds, while showing sensitivity for the current situation.

For more insights on trademarks, see our Trademark Services Overview and Restaurants Industry Legal Solutions pages.

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