KFC and Church’s Chicken Settle Trademark Dispute
On December 18th, 2024, Reuters reported that KFC and Church’s Chicken have agreed to settle a trademark dispute over the term “original recipe.” The companies stated that they reached an “amicable” resolution. Within this blog post, our Boca Raton trademark infringement attorney discusses the intellectual property (IP) law controversy in more detail.
Fast Food Chicken Restaurants Agree to Resolve Trademark Dispute Without Prejudice
In November of 2024, Kentucky Fried Chicken (KFC) filed a lawsuit against Church’s Chicken for alleged trademark infringement. The case centered around the use of the phrase “Original Recipe” in Church’s advertising. KFC—which has used the phrase to promote its secret blend of herbs and spices for more than five decades—argued that Church’s use of the term could confuse consumers and dilute the brand of KFC. The two competitors have now agreed to resolve the trademark infringement case. They reached an undisclosed agreement. As part of the settlement, the trademark infringement lawsuit was dismissed without prejudice—meaning it could be refiled.
Trademark Infringement Requires Reasonable Likelihood of Confusion
Trademark law is designed to protect brands. It helps to ensure that their marks remain distinct and recognizable. In order to establish trademark infringement, a claimant must prove that there is a reasonable likelihood of confusion among ordinary consumers. The standard is key to these types of disputes, including the recent case between KFC and Church’s Chicken over the use of the phrase “Original Recipe.” Courts evaluate several factors to determine whether confusion is likely. Here are three key considerations:
- Similarity of the Marks: The more alike the trademarks in question, the higher the likelihood of confusion. Courts assess the visual, phonetic, and conceptual similarities between the marks. The more similar the two marks in question, the more likely a court is to find trademark infringement.
- Strength of the Plaintiff’s Mark: A stronger and more well-established trademark enjoys greater protection under the law. Marks with a high level of consumer recognition—like KFC’s “Original Recipe”—can carry significant weight. To establish trademark infringement, a claimant should be prepared to prove that they have a distinctive mark.
- Marketing Effort and Intended Audience: Finally, trademark law also considers marketing and target audience. Any overlap in how and where the products are marketed will be a relevant factor. For example, if the goods or services appeal to the same audience and are sold through similar channels, the potential for confusion increases. If two companies are direct competitors, it is more likely that a court will find trademark infringement.
Speak to Our Boca Raton, FL Trademark Lawyer Today
At Perkins Law – Brand Protection, our Florida trademark law attorney is standing by, ready to help you find the right solution for your specific situation. If you are locked in a conflict over a trademark, we are here to help. Give us a call now or contact our IP law team online for your completely confidential, no obligation case review. We provide trademark litigation representation throughout South Florida, including in Palm Beach County, Broward County, and Miami-Dade County.
Source:
reuters.com/legal/litigation/kfc-drops-trademark-lawsuit-against-churchs-over-original-recipe-ads-2024-12-17/
