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KFC backs down in legal challenge against country pub
Last updated at 16:37pm on 10.05.07The landlady of the highest pub in Britain said "common sense had prevailed" after fast-food giant Kentucky Fried Chicken backed down over a trademark row.
KFC had written to Tracy Daly ordering her to remove the slogan "Family Feast" from her menu at the Tan Hill Inn in the Yorkshire Dales.
The Family Feast is only available on Christmas Day and is advertised on the pub's website.
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Tracy Daly pictured outside the Tan Hill Inn
But the fast-food giant was not impressed and contacted Ms Daly saying she was committing a grave infringement of trademark.
KFC uses the phrase to advertise a product which includes a bucket of fried chicken and chips, coleslaw, gravy, with a 1.25-litre bottle of fizzy drink.
Now a spokeswoman for KFC GB Ltd has said no further action would be taken against the pub.
She added: "KFC has to protect its trademarks against those who seek to trade off its brand.
"KFC has spoken to Ms Daly at the Tan Hill Inn and confirmed that it will not take this case any further.
"This means that Ms Daly can continue to use the phrase 'Family Feast' on the pub's Christmas menu. It's an unusual situation that has been blown out of all proportion."
Ms Daly said: "They have very kindly said we can continue using the name. Common sense has prevailed. I'm very relieved and ecstatic.
"I'm not going to need my boxing gloves anymore. I've invited KFC to come here and have a meal and shake hands."
The Tan Hill Inn is the highest pub in Britain at 1,732ft above sea level.
Speaking after she first heard of the dispute she had said: "It beggars belief, I am dumbfounded. They are a multi-million pound, international organisation and I am a little lady up a mountain.
Ms Daly added her "Family Feast" bore little resemblance to the KFC version. "It's a traditional Christmas dinner: pate, turkey, road beef and the trimmings, Christmas pud. It about as similar to a KFC meal as chalk is to cheese.
"We do have chicken and chips with a salad on the menu, but we use local free-range birds - no coating, no secret spices."
Reader views (20)
Simon;
I rather suspect the officer who permitted the trademark probably never got invited to family gatherings as he/she was an illegitimate SOAB!
My understanding is that no part of a registered trademark may be used; so does that mean we may no longer refer to our kith and kin as 'family' or to a large meal as a 'feast'? If this be the case then surely KFC are infringing trademark laws too; 'Kentucky' being the legitimate name of a commonwealth state of east-central USA; 'Fried' is the registered name of a musical collaboration between David Steele (ex-Fine Young Cannibals) and New Orleans vocalist Jonte Short whilst 'Chicken' is the name of the common domestic fowl (Gallus domesticus) or its young, a generic name to describe the French, and also a registered trademark of Chicken Cycles / Chciken Cycle-Kit in the UK.
On a matter of trade descriptions and the Sale of Goods Act, I should also like to know why they can call it 'Southern' Fried Chicken especially when cooked and served as far north as the KFC East Gate Centre Branch in Inverness.
- John Michael Richards, Dulwich, London, UK, 02/07/2010 16:54
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Good sense prevailed in the end from KFC UK. However, it's not as though Tracy Daly was trying to deceive; there's no suggestion that she inserted KFC before Family Feast.
I think it's ludicrous that KFC were granted Family Feast as a trademark - this is nothing less than hijacking the English vocabulary.
I'm sure that had KFC pursued the case their would have been an enormous public backlash against them. I won't use KFC on principle - their customer service is pretty poor and they have a poor record on employee rights and protection in this area.
I've no doubt that this must have initially been quite unsetling for Ms.Daly - encountering the bully-boy tactics of a large American corporation against her proprietory business.
I'm sure though that this could only have generated more intrest, support and trade for the Tan Hill Inn. I suspect that the portions on offer would here would be more in keeping with the title Family Feast. Indeed, the meagre portions offered by my local KFC's under the name Family Feast might thus me considered a breach of the Trades Discriptions Act. Maybe Ms Daly has more right to use the trademark after all...
- John Michael Richards, Newton-le-Willows, United Kingdom, 08/01/2008 02:06
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A trademark is a trademark, regardless if you are a remote pub? Would she like it if someone infringed on her ideas or business?
- Brandon Thomas, London, 08/01/2008 01:06
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The problem is that the marketing people at KFC are quite clearly mindless. They are trying to take over a generic name like "Family Feast" and claim it for their own.
Stupid. World wide dozens and dozens of firms use the term "family feast". Recipe books, eateries, etc.
Oddly enough on a Google search the only KFC-related returns for "Family Feast" was their attack on the Tan Hill Inn.
Talk about a PR own goal!
- Martin, Telford England, 08/01/2008 01:06
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Don't they have anything better to do?!
- Laura, London, 08/01/2008 01:06
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Martin from Telford has it right - there are nearly 10 million Google hits for "family feast". Is KFC planning to sue them all?
- Penny Phillips, Grand Cayman, Cayman Islands, 08/01/2008 01:06
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I suggest all pubs and similar institutions offer family feasts to their customer. I am cooking a family feast this week end and will advertise it to my family. Which officer in the trade mark registry allowed a common garden description of food to be registered as a trade mark? What did his/her mother serve? It should be deleted from the Trade Mark Register.
- Simon, Bucharest, Romania, 08/01/2008 01:06
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I have eaten in Ms Daly's pub and very nice it was too. It is most definitely in the middle of nowhere and it was a most welcome sight on a rather windy and wet day. She's absolutely correct in saying that the food she supplies is worlds apart from the rubbish served by KFC. This is an absurdity in the extreme and I would have thought Freshfields had better things to do with their time. They should be ashamed of themselves for even contemplating this sort of ludicrous law suit. To all clients of Freshfields, this is the sort of nonsense your firm are wasting your money on!
- Geraldine, London, 08/01/2008 01:06
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KFC - Grow up please.
- Annonymous, Sutton/B,ham, 08/01/2008 01:06
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I cannot believe KFC have carefully weighed up how much extra income this will bring in for them (none) against how much income they will lose through the bad publicity, and decided it was a good idea to pursue this.
Somebody in the KFC legal and/or publicity department needs firing.
- Richie, Reading, 08/01/2008 01:06
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Our local ironmongers sells "Bargain Buckets", perhaps they're next?
- Mark, South-East London, 08/01/2008 01:06
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Surely basic nouns and descriptive phrases in the English language cannot be copyrighted? This is not a corporate logo or design such as KFC / Nike / Nokia that is at stake here. How on earth does anybody have the right to say that this pub cannot simply describe its menu as a "family feast"?! - this goes against basic civil rights surely?
- Bj, London, UK, 08/01/2008 01:06
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Brandon Thomas: "Would she like it if someone infringed on her ideas or business?"
And how, exactly, is Tracy Daly infringing on the ideas or business of KFC?
I've tried, but I just can't see it. If anything, she should worry if people associate what she is selling with KFC just because she uses the term, family feast, which I'm sure was in use before KFC existed.
My wife and I might use it for our own place now.
- Md, London, UK, 08/01/2008 01:06
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Good luck to Tracy. Hopefully KFC's ridiculous claims will bring a lot of visitors to Tracy's pub.
- Julie, London, 08/01/2008 01:06
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Pratt by name, pratt by nature!
- Frank, Home Counties, 08/01/2008 01:06
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I've long worried about trademarks. These are common words in English and therefore should be 'untrademarkable'. It really is a worrying state and should be stopped in its tracks now!
I think it should be debated at House level. It smacks of bullying, intimidation and a threat to free speech.
- Paul Jardine, Bromley, 08/01/2008 01:06
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Surely 'Family Feast' is way too generic a term to be patented in this way - it is akin to a term like 'Midnight Feast' or 'slap-up meal'. Nobody owns a language.
- Squiz, Islington, 08/01/2008 01:06
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Does this mean that if I can no longer invite my friends and family to my home for a family feast? I know that a trademark is a trademark but this beggars belief, perhaps KFC should spend more of their time and money coming up with quality food!
- Casper, Ibiza Spain, 08/01/2008 01:06
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No such thing as bad publicity matey.
- Jay, London, 08/01/2008 01:06
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KFC, do you really want this bad publicity and to alienate your average customer? Please, think again.
- R M, London, UK, 08/01/2008 01:06
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