Church’s Texas Chicken’s Defense and Potential Insurance Strategy
For its part, Church’s Texas Chicken has disputed KFC’s allegations, likely preparing a defense on the grounds that “original recipe” is a descriptive term that cannot be monopolized. Church’s may argue that KFC’s exclusive claim to the phrase lacks legal justification since many brands use similar language to convey a product’s heritage or authenticity.
This defense may hinge on the principle that common phrases, especially those describing a “return to origins” or “authentic recipes,” are not subject to monopolization under trademark law.
Additionally, Church’s may find support through its corporate insurance policy. Many commercial liability insurance policies cover legal expenses associated with “advertising injury,” which can include trademark disputes. Access to such coverage could be critical, as intellectual property litigation often requires extensive resources. If the policy indeed covers this claim, Church’s might be positioned to handle the potentially substantial costs of defending against KFC’s accusations without directly impacting its operational budgets.
