In the ever-competitive world of fast food, brand identity and
creative marketing are vital. In a recent dispute, Chicken Licken
took legal action against KFC, claiming the fast-food giant's
"All Star Box" advertisement copied two of their iconic
characters.
Background
Chicken Licken is known for its memorable characters, like Sbu, the
science teacher who's always sneaking off for Hotwings, and
David "Legs of Thunder" Mgijimi, who fronts the Family
Full House Meal ads. These characters have become central to
Chicken Licken's brand identity.
KFC's ad featured two characters that have been alleged to
closely resemble Sbu and Mgijimi. While the KFC ad was meant to
parody the scene of a protagonist enjoying a meal while surrounded
by clones, Chicken Licken felt that KFC was imitating its
characters and leveraging its brand equity to promote its own
products.
The dispute
Chicken Licken argued that KFC's ad didn't just use similar
characters but directly copied theirs, which could confuse
customers and harm Chicken Licken's brand. KFC defended the ad
as a harmless parody, meant to entertain and not to mimic.
However, after reviewing the case, the Advertising Regulatory Board
(ARB) ruled in favour of Chicken Licken. The Board determined that
the characters were clearly recognisable and had been intentionally
used, which went beyond the bounds of parody and into the territory
of imitation.
The ruling
The ARB's decision stated that KFC's use of Chicken
Licken's characters was a violation of the advertising code.
The ad was found to be an improper use of another company's
brand equity, leading to its immediate withdrawal from all
platforms.
Key takeaways:
While parody is a valid defence, it's crucial to be mindful of
where parody ends and imitation begins. This case serves as a
reminder that borrowing too heavily from a competitor's
branding can lead to legal consequences, even if the intent is to
entertain. It's a delicate balance between drawing inspiration
and crossing into infringement.
This case shows how brand identity can be a powerful tool for
marketing, but it also requires careful handling to avoid stepping
on competitors' toes.
It is always recommended to engage Intellectual Property and brand
experts to protect your brand's unique identity and avoid
potential legal pitfalls. Get in touch with the team below.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
