SIGNS: KFC & Church’s Texas Chicken War Commences Over “Original Recipe” Trademark

KFC has slapped Church’s Texas Chicken with a lawsuit, initiating the begining of what could turn into a fiery, and finger-lickin’ legal showdown.

According to a report from Scripps News, KFC is accusing its fried chicken foe of stealing its trademarked “Original Recipe” phrase. The finger-pointing began last week when KFC filed the complaint in federal court in Texas, claiming that Church’s started using the coveted phrase “Our original recipe is back” in ads as early as September. The ads, which appeared on TV, social media, and Church’s official website, feature tantalizing photos of their fried chicken—leaving KFC to cry foul.

According to KFC’s legal team, the fast-food rival’s use of the iconic phrase could cause serious confusion among consumers. The suit explains that KFC has been the proud owner of the “original recipe” trademark for over 50 years.

“That combination of 11 herbs and spices is one of the most well-known, iconic trade secrets in the food industry,” KFC argues in the filing, emphasizing that its secret recipe has been the cornerstone of their brand and advertising for decades.

In an attempt to resolve the issue, KFC sent Church’s a cease-and-desist letter back in October. But, according to KFC’s complaint, Church’s ignored their demand, continuing to use the controversial slogan in its promotional materials. This disregard for KFC’s trademark, the lawsuit suggests, threatens to damage the brand’s long-standing reputation and could create lasting confusion in the fast-food market.

The legal battle between these two chicken titans is just the latest in a string of high-profile food industry clashes over trademarks and intellectual property. Fast food and fried chicken chains have historically been embroiled in similar lawsuits. For instance, in 2018, Popeyes filed a lawsuit against Chick-fil-A, claiming the rival chain had unlawfully used the “chicken sandwich” trademark—after both chains launched highly publicized sandwiches in direct competition with each other. Such battles are a regular feature in the competitive world of fast food, as companies fiercely guard their branding and intellectual property to protect their market share.

Check out the video below for more details on the case.