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KFC sues Church over ‘Original Recipe’ – WSVN 7News | Miami News, Weather, Sports
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KFC sues Church over ‘Original Recipe’ – WSVN 7News | Miami News, Weather, Sports

New York (CNN) — No, not the recipe itself. Just true statement.

Last week, KFC accused Church’s Texas Chicken of violating its trademark rights when its fried chicken rival began using the words “Original Recipe” in its advertising and promotions.

KFC claimed in its lawsuit that it noticed Church “suddenly” began using the phrase starting on September 30 and ignored KFC’s October 24 letter objecting to the ads. In controversial promotions, Church’s posted photos of its fried chicken deals with the text: “Our original recipe is back.”

The lawsuit, filed in U.S. District Court in Texas, stated that the phrase, which KFC has used for more than half a century, “will create confusion in the marketplace and dilute the ORIGINAL RECIPE® Brand.”

“On behalf of all the fried chicken lovers out there, we take it personally when another company tries to pass off our iconic flavor and brand as their own,” a KFC spokesperson said in a statement Tuesday. “We are committed to protecting our brand’s intellectual property and protecting our customers’ experience.”

Church declined to comment, citing ongoing litigation.

The lawsuit comes at a time when KFC’s sales are slowing. Parent company Yum! Brands said in its earnings call last week that U.S. same-store sales fell 5% for the third consecutive quarter. Very good! Brands CEO David Gibbs attributed this to fast food rivals.

“Limited-time offerings in the US underperformed expectations due to a more intensely competitive environment, particularly in the chicken QSR (quick service restaurant) category,” Gibbs said.

KFC had embarked on the value wars, launching a series of “Taste of KFC” deals to compete with brands like McDonald’s and Wendy’s. But when it comes to fried chicken, KFC also has to compete with Church’s Texas Chicken, Popeyes, Raising Cane’s, Zaxby’s and more.

KFC’s trademark “Original Recipe,” which it says is a secret blend of 11 herbs and spices, has long been part of the company’s branding. The mixture is closely guarded, and the company calls it “one of the most iconic trade secrets in the food industry.” He first trademarked the phrase in 1984.

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