KFC is taking one in all its smaller opponents to court docket, suing Church’s Texas Rooster for allegedly violating its trademark rights by way of the use of the word “unique recipe” in pitching its fried poultry merchandise. Church’s use of the time period “unique recipe” in its promoting is “prone to mislead, confuse and lie to clients and potential clients into believing the products and products and services presented below the mark are affiliated with, licensed by way of, or come from KFC,” the chain operated by way of Yum Manufacturers claimed in a lawsuit filed closing week in U.S. District Court docket in Texas. KFC changed into acutely aware of Church’s use of the word towards the tip of September, and objected in a letter it despatched to the Atlanta-based rooster chain the next month, in step with the swimsuit.
“On behalf of fried rooster fanatics in the market, we take it in my opinion when any other corporate tries to say our iconic style and branding as their very own,” KFC mentioned in an emailed remark.Church’s declined to remark, bringing up lively litigation.
Church’s Texas Rooster on the finish of October introduced the “go back of its mythical unique recipe” in all of its U.S. eating places in a information unencumber, touting what it described as a “rejuvenated 1952 recipe.” KFC is contending with anemic gross sales. Yum Manufacturers instructed buyers on an incomes name closing week that U.S. same-store gross sales declined for a 3rd consecutive quarter, maximum lately down 5%. “Restricted-time provides underperformed expectancies because of a extra intense aggressive setting, in particular throughout the rooster QSR (quick-service eating place) class,” Yum CEO David Gibbs mentioned. KFC trademarked the “unique recipe” word in 1984, calling it a secret mix of eleven herbs and spices.
Extra from CBS Information
Kate Gibson
Kate Gibson is a reporter for CBS MoneyWatch in New York, the place she covers trade and shopper finance.