When it comes to who owns the title of the original fried chicken recipe, the decision might rest in the hands of the courts.

On November 8, KFC filed a lawsuit in the U.S. District Court for the Eastern District of Texas, alleging that Church’s Texas Chicken infringed upon its trademark by incorporating the term “Original Recipe” in their marketing materials.

The complaint states that Church’s use of “original recipe” is likely to confuse consumers and weaken the distinctiveness of KFC’s ORIGINAL RECIPE® mark.

Confusion Over Claimed Originality

KFC’s legal filing claims that Church’s started using “original recipe” in its advertising as of September, notably stating “Our original recipe is back” in both television and online promotions.

On October 24, KFC reached out to Church’s with a letter expressing concerns about this phrase. However, according to the lawsuit, Church’s has yet to respond to this correspondence.

In response to the lawsuit, Church’s Texas Chicken has chosen not to comment, citing ongoing legal proceedings.

The term “original recipe” refers to KFC’s blend of 11 herbs and spices, recognized as one of the best-kept secrets within the food business, as noted in the legal complaint.

KFC has marketed this phrase since 1972 and holds two trademarks for it.

Although KFC did not provide any comments on the lawsuit to YSL News, a spokesperson for the company conveyed to Reuters, “As champions of fried chicken everywhere, we take it seriously when another brand tries to claim our distinctive flavor and identity,” adding, “We remain dedicated to defending our brand’s intellectual property and ensuring our customers enjoy a unique experience.”