KFC vs. KFC
The New York Times' Steven Kurutz on the other purveyor of not-so-good fried chicken with the
initials
K.F.C.For those
unfamiliar with the institution, a brief primer. Kennedy Fried Chicken is a New
York-born outfit that is owned and operated largely by Afghan immigrants, and
its shops are typically found far from the well-traveled canyons of Manhattan -
on Webster Avenue in the Bronx; in Flatbush; near the Queens Plaza subway
station. Devotees say Kennedy serves a good bird, not too oily, not too dry. But
its true notoriety comes from being a kind of second-rate imitation of the
popular Kentucky Fried Chicken chain, right down to the same red and white
colors and those familiar
initials.
Such similarities could naturally lead Kennedy Fried Chicken to be confused with
the other KFC. But not if the original KFC can help it; that company filed a
lawsuit in New York federal court in 1990 for trademark infringement, and
continues to pursue legal action today. Responding to a recent query, Kentucky
Fried Chicken said in a statement that it was "aggressively pursuing the
cessation of all confusingly similar use of the famous KFC trademarks and trade
dress by Kennedy Fried
Chicken."Despite such
hurdles, Kennedy has managed to prosper. This year marks what many employees
call its 25th year in business, although given the company's sketchy history,
the founding date is in
question. Having
started with one small outpost, the company now has roughly 50 branches around
the city. The brand has also spread to Maryland, Connecticut and Massachusetts.
And former Kennedy employees operate the Crown, Royal and Mama's Fried Chicken
franchises in New York and beyond. While keeping an army of Kentucky Fried
litigators at bay - and battling escalating rents and the vagaries that come
with staking ground in the city's rougher neighborhoods - Kennedy has risen to
become, improbably, a fried chicken
king.Success in the
fast-food industry is usually followed by a kind of mainstreaming: a
recognizable brand name, plus the ability to order Combo No. 1 in Bayside or Bay
Ridge and receive essentially the same thing. Yet for all its expansion, Kennedy
remains firmly under the radar. In contrast to most businesses its size, Kennedy
does little or no advertising, and after two decades its chief characteristic
arguably remains its likeness to a more prominent chicken
outlet. Indeed, Kennedy
may remind some of a conceit used in the Eddie Murphy comedy "Coming to
America." In the 1988 film, Mr. Murphy's employer operates a strangely familiar
hamburger place called McDowell's. ("They got the Golden Arches, mine is the
Golden Arcs.") Not surprisingly, the character's paranoia runs on high
burner. Likewise, in
visits to a half-dozen Kennedy outposts in three boroughs and phone calls to
roughly six more, it was clear that Kennedy employees are often reluctant to
talk about the workings of their business. Numerous requests to speak to branch
owners were uniformly deflected by reticent workers. ("The boss will be back on
Friday, between 1 and 3," was a common response. Equally common was the boss's
seemingly abrupt absence on those
Fridays.) This
discretion may be born of Kennedy's awareness of Kentucky's consistent efforts
to protect its own trademark. Still, a number of differences set the two apart,
starting with the chicken. A recent customer at a Kennedy branch on St. Nicholas
Avenue in Washington Heights, who identified herself only as Charmaine, said she
preferred Kennedy chicken because to her taste, it is less salty and soggy than
Kentucky's
chicken.Unlike
McDonald's, say, or Kentucky, which has about 215 branches in the city, Kennedy
is not a chain, so there is no corporate rulebook the Aminys must follow. Nor
does there appear to be a central office. Although three applications for the
Kennedy trademark have been filed with the United States Patent and Trademark
Office since 1990, two were abandoned and one is still under review, so no one
owns the rights to the Kennedy name. Once someone decides to open a store, he is
a Kennedy unto himself.
Which may be why, even though a judge ruled in favor of Kentucky in the 1990
suit, finding that Kennedy's signs infringed on KFC trademarks and ordering them
changed, it has been hard to get individual branches to comply. Pursuing a suit
against Kennedy is almost like
shadowboxing.Kennedy's
freewheeling business model has made a peculiar establishment even more
idiosyncratic. There is no uniform color, menu or even name. Some branches call
themselves Kennedy Chicken, others Kennedy Fried Chicken, while still others are
Kennedy Pizza &
Chicken.Though it may
possess restaurant accouterments, Kennedy Fried Chicken is a restaurant in the
way Harland Sanders is a colonel - in name, perhaps, but not in practice. Few
outlets have customer bathrooms, and many have no seating. The branches are
often in poorer neighborhoods, and the interiors are sparse and bunkerlike.
Workers take orders through a small opening in a shield of bulletproof glass.
(Perhaps not surprisingly, Kennedy has the distinction of appearing more often
in the newspaper crime blotter - "Fast Food Stabbing,'' as one headline put it -
than in the dining section.)
Posted: Thu - August 19, 2004 at 05:10 PM
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Published On: Oct 23, 2004 12:37 AM
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