The ad which was created by ad agency Net#work BBDO, is an over the top spoof, which intends to entertain. It delivers the message: “If you don't like it (Chicken Licken fare) you haven't tried it”. It uses a Colonel as the “taster” and his after taste response is: “This here chicken is the tastiest in the land. You won't just lick your fingers; you'll be lickin' your whole hand.”
KFC complained the commercial breached comparative advertising; it disparaged its brand and exploited its good will by using a Colonel icon.
In its defense, Chicken Licken produced a precedent ruling when, in 2006, the Constitutional Court ruled in favour of Laugh it Off Promotions cc versus brewery giant SAB. The victory was based on freedom of expression. “In a healthy democracy people are entitled to laugh,” was the reported comment from the ruling judge in the case, Albert Sachs.
Chicken Licken also argued their Colonel was a military character and is completely distinguishable from the KFC honorary one. “Anyway the word ‘colonel' is a generic word,” says founder of the Chicken Licken brand, George Sombonos. “We did not use anyone else's intellectual property and it was not our intention to offend anyone. I knew we were in the right and I'm happy the ASA did too.”
The temporary banning of the advert has now been lifted, paving the way for Chicken Licken's advertising agency, Net#work BBDO, to resume with its hefty flighting schedule across all tv channels.
