Thursday, September 11, 2008

The Legal Battle for Smokey Chipotle Burns On

It has the potential to be a modern day tale of David and Goliath, if not for the fact that David was a hero with the best interests of his people at hand; perhaps more of a Jack and the beanstalk? In any event it is about a giant and a pipsqueak and it plays out like this.

Kentucky Fried chicken enters the market with their Original Recipe in 1940. It was not until 1974 when they toyed with the idea of a new formula and Extra Crispy was introduced. Now more than two decades later The Colonel has introduces an exciting new flavor in their Smoky Chipotle Crispy Chicken. Interestingly, KFC has decided to roll out this flavor for a limited time only despite the public’s craving for spicy chicken.

Yum! Brands in Louisville, KY; the world’s largest purveyor of fried chicken is the owner of the KFC brand with 14,000 locations in fifty states and ninety-eight countries.

Enter one Chuck Evans; in 1993 Chuck filed for a trademark for the descriptive term “Smokey Chipotle” for use as applied to sauces and condiments. The assigned examining attorney reviewed his application and in March of 1994 he was refused the registration of this trademark....

...Read On at The Last Bite

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