Church’s Texas Chicken earlier this year reworked its primary offering to bring it back to its roots. | Photo courtesy of Church’s Texas Chicken.
KFC has dropped its lawsuit challenging rival Church’s Texas Chicken’s use of the term “original recipe.”
The Louisville, Kentucky-based KFC in November filed a lawsuit in Texas Eastern District Court objecting to Atlanta-based Church’s use of the term “original recipe” in advertising. Church’s earlier this year used the phrase to describe a return to its initial recipe for fried chicken, saying in ads, “Our original recipe is back.”
Both brands were launched in 1952.
In the complaint, KFC argued that its trademarked “Original Recipe” mark has been used for more than half a century and has become synonymous with the brand’s fried chicken products. The term refers to KFC’s secret blend of 11 herbs and spices, which result in the signature flavor, and KFC trademarked the phrase in 1984.
When Church’s began using the term earlier this year, KFC sent a letter of objection in October, which was ignored, according to the court filing.
Attorneys for Church’s had asked for an extension to respond to the complaint, and a new deadline was set for Dec. 23.
But on Wednesday, the lawsuit was voluntarily dismissed without prejudice. It’s not clear whether Church’s has agreed not to use the phrase.
In a statement, Church’s officials said the two chains have “amicably resolved” the alleged trademark infringement claims, without offering details.
KFC officials did not immediately respond to requests for more information.
KFC, meanwhile, is taking its Original Recipe to new concepts with the launch of Saucy next week. The chicken-tender-focused concept will feature its Original Recipe chicken in boneless form with a lineup of 11 sauces.
UPDATE: This article has been updated with a response from Church’s Texas Chicken.
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