Controversies and Lawsuits
Over the years, Chicken Licken has embarked on a hostile campaign to enforce its trademark of the word "soul", aggressively targeting any business, no matter how big or small, that uses the word in its name or as a product. Chicken Licken listed the word "soul" in 1994 as a trademark under the classes of 29 and 30,[39] utilising the word as part of their lexicon in marketing campaigns and product names. The trademark meant that the word could not be used by anyone else in trade to describe certain types of food and drink, but was later extended to include restaurants and food services.
Targets of lawsuits over the years have included vegan restaurants, independent stores, cafes, food manufacturers, startups, and guest lodges. In almost all instances, the targets of the legal actions have been small businesses that could be easily intimidated by the R3 billion corporate.
The first noted instance to receive widespread publicity occurred when the fast food giant took legal action against Durban-based vegan restaurant Oh My Soul[40] and frozen food manufacturer We Are Food in 2019.[39] Oh My Soul opened its doors in September 2018, serving vegan meals that included "licken" and "vish". Six months after opening, owners Tallulah and Richard Duffin, received a letter of demand from Chicken Licken's attorney Ron Wheeldon alleging infringement of its trademark "soul".
Following a three-week negotiation, the Duffins agreed to rebrand their "licken" as "vicken" and their "soul salad" as a "sacred salad",[39] but refused to rebrand their store. Chicken Licken refused to accept this and filed an urgent adjudication; a week later, the Duffins had to appear in the KwaZulu-Natal High Court. The case was heard and a judgement in favour of Oh My Soul Cafe was given on 25 March 2019, with KwaZulu-Natal High Court judge Dhayanithie Pillay ruling that the use of the term "soul" by Chicken Licken was “...philosophically, ideologically and in reality the very antithesis of veganism. Vegans are discerning consumers most unlikely to confuse or associate 'Oh My Soul' with the applicant’s conception of 'soul' in whatever form its trademarks appear".[39]
At the same time, Chicken Licken had started legal action against Durban frozen food startup We Are Food, owned by sisters Jane and Amy Weare.[39] The sisters had included in their meal options a clean-eating range which included several vegan "Soul Bowls". Chicken Licken argued that a "soul bowl" was not a recognised dish and that the sisters were in contravention of Chicken Licken's trademark. After seeking legal advice, We Are Food opted to rebrand their Soul Bowls to Vegan Bowls rather than tie themselves up in a legal battle with the fast food giant.
Other cases against South African small businesses included legal action taken against Soulsa[41][42][43] in 2009, Native Soul, East Coast Soul Kitchen, Soulhouse,[44] Soul Kitchen,[45] Soul Souvlaki,[46] and Tha'phe' Soul Food.[47]