KFC May Withdraw “Krispy Kebab” in Germany Amid Trademark Dispute with Bielefeld Chain
KFC Germany is considering removing its new Krispy Kebab from menus after a trademark dispute with Bielefeld-based Krispy Kebab, as talks between the companies remain tense.
KFC signals possible menu withdrawal
KFC Germany told reporters that discussions with the Bielefeld Döner company Krispy Kebab are ongoing but “challenging,” and the fast-food giant would remove the KFC Krispy Kebab from its program if no agreement is reached. The statement reflects a rare admission by a global chain that a product rollout may be reversed for legal reasons. The possible withdrawal underscores how brand conflicts can disrupt large-scale menu strategies even for firms with extensive international footprints.
Trademark claim and legal arguments
The Bielefeld company registered the name and word-image mark Krispy Kebab and asserts that KFC’s use creates a likelihood of consumer confusion. Markus Brock of the law firm SKW Schwarz, representing the smaller chain, argues that customers could reasonably assume a business relationship if they encounter the same product name at a Krispy Kebab location and at KFC. Brock also noted that a standard Freedom to Operate analysis before launching a product would typically flag pre-existing marks, leaving open questions about whether KFC’s internal checks were performed or were insufficient.
Business scale and franchise implications
The dispute pits a regional Döner operator with 17 locations and several franchised outlets against a multinational with roughly 32,000 restaurants worldwide. Krispy Kebab’s founder, Sergen Kolcu, started the business in 2017 and has since granted franchise rights with territorial protections for partners. Kolcu warned that KFC’s use of the name could erode franchise territory agreements and expose him to claims from partners seeking compensation for loss of exclusivity, raising the stakes beyond a single product dispute.
Negotiation attempts and rejected compromises
Negotiators explored several options, including a proposed joint product featuring sauce supplied by the Bielefeld chain, but KFC declined that format. KFC reportedly offered in-store promotional exposure for Krispy Kebab, an offer Kolcu rejected, saying the two sides were unable to find common ground. With talks described as unlikely to yield a last-minute settlement, both companies are preparing for either a licensing arrangement, product withdrawal, or formal litigation.
Legal pathways and potential outcomes
If negotiations fail, the case could proceed to trademark enforcement or a court challenge over infringement and consumer confusion. Possible resolutions include a licensing agreement that permits KFC to use the Krispy Kebab name under terms, a cease-and-desist leading to product removal, or a court determination on whether the registered mark bars KFC’s use. Industry lawyers say the outcome will hinge on the scope of Krispy Kebab’s registered protection, the visual and verbal similarities, and evidence about consumer perception in the relevant markets.
Marketing misstep and public reception
KFC introduced the product in an advertising spot that used the German song “Alles nur geklaut,” drawing attention to the launch and prompting public scrutiny. The campaign included a tongue-in-cheek line asserting a desire to avoid “beef,” a deliberate play on words that also spotlighted the dispute. The publicity amplified the legal conflict and intensified scrutiny from consumers and franchise partners, turning what might have been a limited regional issue into a national conversation about brand ownership and fast-food innovation.
The next phase will likely test how major global brands handle local trademark registrations and the commercial sensitivity of regional food names, while small chains weigh the benefits and risks of enforcing their marks against far larger competitors.
