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KFC sues Church's Chicken over 'original recipe'

In a lawsuit, KFC claimed Church's violated its trademark rights when it started using the words 'original recipe' in its advertising and promotions.

TEXAS, USA — The chicken wars have ignited again, but this time it's about who gets to call their recipe 'original.'

Last week, KFC sued Church's Chicken alleging trademark violations. The chain was founded as Church's Fried Chicken To-Go by George W. Church, Sr in April 1952, in San Antonio across the street from The Alamo.

KFC claimed in a lawsuit that beginning Sept. 30, it noticed Church’s “abruptly” began using the phrase and ignored KFC’s Oct. 24 letter objecting to the ads. In the disputed promotions, Church’s posted photos of its fried chicken deals with text above reading: “our original recipe is back.”

In the disputed promotions, Church’s posted photos of its fried chicken deals with the text, “Our original recipe is back.”

The phrase, which KFC has been using for over half a century, “is likely to create confusion in the marketplace and dilute the ORIGINAL RECIPE® Mark,” the lawsuit, which was filed in U.S. District Court in Texas, said.

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

Church's declined to comment citing active litigation.

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