Grilled in Court
When I was a kid, fast food chains were typically associated with a marketing persona. I remember ads featuring Ronald McDonald, the Burger King, Long John Silver, Wendy and A&W’s Rooty the Root Bear. One of the best characters, however, was a real person.
Colonel Harland Sanders began selling fried chicken from his roadside restaurant in Corbin, Kentucky, in 1930. The epitome of the Southern gent, Sanders was known for his all-white suit, bolo tie, white hair, and Van Dyke beard. In 1952, the first Kentucky Fried Chicken franchise opened in Salt Lake City, Utah, and today there are around 20,000 KFC locations in 118 countries.
In 1991, the Louisville, Kentucky-based chain officially adopted the name KFC to distance itself from the unhealthy connotations of the word “fried.” Colonel Sanders sold his interest in the company in 1964 for $2 million. Today, the chain is owned by Yum! Brands, Inc., which also owns Taco Bell and Pizza Hut.
In 1957, KFC began selling its fried chicken in its famous red-and-white striped buckets. The chicken is made with the Colonel’s proprietary formula of 11 herbs and spices, which the company considers one of the most “iconic trade secrets in the food industry.” Because recipes cannot be copyrighted, KFC keeps the ingredients under lock and key, much like the formula for Coca Cola.
KFC dubbed the secret blend their “Original Recipe,” and began using the slogan in promotional materials in 1972. The company actually trademarked the phrase in 1984.
So, when Church’s Texas Chicken began using the catchphrase earlier this fall, it really ruffled KFC’s feathers.
According to KFC, the Atlanta-based Church’s “abruptly” started an ad campaign in late September for its chicken legs and thighs, saying “Our Original Recipe Is Back.” The restaurant abandoned its initial recipe chicken a decade ago in a cost-saving effort, but announced “the return of its original recipe” on Halloween. “This return is not only a return to our roots, but also a strategic move to drive our business forward,” Church’s CEO Joe Guith said in a statement.
In response, KFC’s legal team sent a cease-and-desist letter to Church’s at the end of October, asking the restaurant to stop using the phrase “Original Recipe.” The letter said, “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 attorneys claimed that Church’s continued use of KFC’s long-standing motto “is likely to create confusion in the marketplace and dilute the ORIGINAL RECIPE® Mark.” The letter said that Church’s ads will “undoubtedly have the effect of diminishing the distinctive quality and value of KFC’s famous marks.”
When Church’s failed to comply, Yum! Brands filed suit against them in the U.S. District Court for the Eastern District of Texas, alleging that the use of the phrase “Original Recipe” in its advertising campaigns infringed on KFC’s trademark rights.
“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 about the lawsuit. “We remain committed to protecting our brand’s intellectual property and safeguarding the experience of our customers.”
KFC is seeking monetary damages from Church’s Texas Chicken and a court order to stop the company from using the “Original Recipe” phrase in its marketing.
It appears that neither chain is willing to back down from using the phrase – it seems the competitors are engaged in a high-stakes legal game of chicken.
Reg P. Wydeven
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