Fast food chain Kentucky Fried Chicken or KFC recently accused Church’s Texas Chicken of infringing on its trademark by using the phrase “Original Recipe” in its marketing materials. The lawsuit claimed it first noticed the usage of the phrase on September 30, 2024 and sent an objection letter on October 24, 2024 which was disregarded.
The “Original Recipe” trademark, said to be a secret blend of 11 herbs and spices, has been central to the restaurant chain’s identity. Known as one of the food industry’s most iconic trade secrets, KFC first trademarked the phrase in 1972 as per Reuters, while some reports claim the year as 1984.
The disputed ads featured images of Church’s fried chicken deals with the caption “Our original recipe is back.” According to the fast food chain, which has used “Original Recipe” for over fifty years, this usage could cause customer confusion and weaken its trademark. The lawsuit was filed in the U.S. District Court in Texas.
A spokesperson for the fast-food chain expressed that the brand felt a strong sense of duty to defend its iconic flavor and branding from any misuse. They emphasized KFC’s commitment to protecting its intellectual property and ensuring a consistent customer experience. In their letter, the attorneys representing the fast-food chain wrote,
“Our client is understandably concerned about uses of the Original Recipe mark that your franchise, Church’s Texas Chicken, is making in connection with its chicken products and restaurant services.”
The food joint has requested the court to award an undisclosed amount of monetary damages and issue an order preventing Church's from using the phrase. Trademark law mandates that companies actively use and defend their trademarks to avoid losing them to competitors.
Church’s Texas Chicken reportedly brought back its ‘Original Recipe’ before KFC’s deadline
Church’s Texas Chicken had discontinued its original recipe chicken a decade earlier as part of a cost-saving measure, but it reintroduced the product in September 2024. The company announced the return of its "original recipe" on Halloween, just one day before KFC's deadline.
CEO Joe Guith stated that the return of the recipe was not only a step back to the company’s roots, but also a strategic move to help drive the business forward.
The lawsuit is filed while KFC experiences sluggish sales. Its parent company, Yum! Brands, reported a 5% decline in same-store sales in the US during its earnings call last week, marking the third consecutive quarter of losses. Yum! Brands CEO David Gibbs attributed the drop to increased competition from other fast food chains.
The food joint had entered the value market with a range of “Taste of KFC” deals to compete with brands like McDonald’s and Wendy’s. However, in the fried chicken segment, it also faced stiff competition from Church’s Texas Chicken, Popeyes, Raising Cane’s, Zaxby’s, and others.
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In October 2024, KFC launched a 60-second ad campaign to promote its Original Recipe Tenders, using a satirical approach to challenge its fast-food competitors. As part of the marketing effort, the food joint offered free Original Recipe Tenders to consumers in select cities, including the founding locations of Raising Cane's, Popeyes, and Chick-fil-A.
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