Sigh!
FC Files Lawsuit Against Church’s Texas Chicken Over “Original Recipe” Trademark Dispute
On November 11, Yum! Brands’ KFC filed a federal lawsuit against Church’s Texas Chicken, alleging that the fast-food competitor infringed on its trademark by using the phrase “Original Recipe” in advertising campaigns. KFC claims that Church’s use of the term, long associated with KFC’s own fried chicken, is likely to confuse customers and dilute the unique value of its brand.
In the complaint filed in the U.S. District Court for the Eastern District of Texas, KFC highlighted that “Original Recipe” has been central to its brand since 1972, representing the iconic blend of 11 herbs and spices used in its fried chicken. The complaint alleges that Church’s began using “Original Recipe” in its marketing materials in late September, specifically in ads promoting its chicken legs and thighs under the tagline, “Our Original Recipe Is Back.”
KFC claims that it sent a letter to Church’s last month, expressing concern over potential consumer confusion and brand dilution due to the overlap in branding language. According to KFC, Church’s has yet to respond to the warning letter.
The lawsuit seeks monetary damages from Church’s Texas Chicken and a court order to stop the company from using the “Original Recipe” phrase in its marketing. KFC’s legal team from Kilpatrick Townsend & Stockton includes attorneys Joseph Petersen, Craig McDougal, and Christin Jones.
The case is being heard as KFC Corp v. Church’s Texas Chicken, No. 4:24-cv-01000, in the U.S. District Court for the Eastern District of Texas.
