The case of the fried chicken brand Frisby is making headlines around the world, and not for good reasons. Two brands — or, you could say, the same brand — are locked in a dispute over intellectual property rights.
The original “Frisby” brand was born in 1977 in Colombia. It was properly registered there and gradually grew in its sector. For many years it has been one of the best-known brands in the country.
But today it is at the center of a storm in the world of global intellectual property, because Frisby España was registered in Spain, in Bilbao, with share capital of more than $9 million. Its founding partners are Barrenechea Correa, a Spaniard, and Guillemine Pérez, a Belgian national.
In the registration file for this company in Spain, the partners “state that they are not acting as trustees or on behalf of third parties,” raising doubts about the real purpose of the registration.
In addition, in public statements, Frisby España said that “no one on the Frisby España team is Colombian or knows that country,” and even that they “have not eaten the Colombian brand’s chicken.”
Frisby Colombia had held an EU trademark registration since 2005. Apparently on grounds of non-use, Frisby España applied for its revocation in early December 2024. On top of that, when Frisby España applied for its own registration, it obtained it with no oppositions filed during the initial three-month period provided by the rules. The result is that Frisby España has a registered trademark and is authorized to operate under it.
The point of conflict
At the end of April this year, Frisby España’s digital presence began to go public: its website and several social media accounts under its name. Colombians living in Spain were thrilled, believing their fried chicken brand was finally coming to Spanish soil.
But the Colombian company denied that those accounts were its own, and ended up taking legal action against the Spanish brand for using its trademark, image, and reputation.
With this action, Frisby Colombia made clear that it intends to fight to keep its registered trademark in the European Union.
One aspect may be key in the legal dispute: proving genuine use of the trademark. Frisby Colombia now has to respond to the EU IP system with evidence of “genuine use” of its trademark in Europe. For 20 years it maintained the registration, but showed no real signs of planning to expand into the European market.
- Trademark use: why does proof of use matter?
- Actions that can cause you to lose a registered trademark.
Frisby España suspends its “Franchise search” campaign
In a statement, the Spanish chain announced the temporary suspension of its franchise program until the legal situation regarding ownership and exclusive use of the Colombian-born Frisby trademark can be clarified.
Two important points in Frisby España’s statement:
“As part of our national expansion strategy, Frisby España S.L. is currently looking for passionate and committed franchise partners, with the goal of bringing our brand to every region of Spain.”
However, they added that “due to the current situation regarding the use of the trademark, and despite the large number of applications and expressions of interest received, we have decided to temporarily suspend new admissions to the franchise program.”
A nod to future franchisees
They also explained that this “preventive measure is intended to protect our future franchisees and to preserve the integrity and reputation of the brand in Spain while we work to clarify the situation.”
Finally, they said they “deeply appreciate the enthusiasm our concept generates, and we are committed to keeping all interested parties informed as soon as the admission process reopens.”
Colombians stand together with “a-Pollo”: the marketing campaign
The brand image, the name, the product: all too similar. And the Colombian public rallied behind the brand with more than 40 years of history.
It is a marketing campaign that will go down in the history of the digital world. “a-Pollo” (a play on the Spanish words apoyo, “support,” and pollo, “chicken”) went viral, rejecting the new Spanish brand and alluding to the “plagiarism” that can be seen in this case.
Here are some of the many brands that publicly showed their support for Frisby Colombia.
Frisby España and Frisby Colombia trade statements
The Spanish company says: “A trademark can be cancelled if it has not been put to genuine and serious use in the European Union within the five years following its registration.”
Meanwhile, IP voices backing Frisby Colombia object to the use of the original brand in the slogan the Spanish company used: “A chicken legend crosses the ocean.” According to experts on the subject, this campaign “is misleading, since it seeks to create confusion about the commercial origin and make people believe that the Colombian company has arrived in Spain.”
The Spanish company denies any plagiarism, but some details leave the door open to further debate.
Conclusion
The international dispute between Frisby España and the Colombian brand in the European Union has formally begun. The EUIPO has opened proceedings to revoke the Colombian company’s registration, on the grounds that the trademark has no presence in Europe.
Frisby Colombia has two months to prove genuine use of its trademark in Europe. If it fails to do so, the EUIPO could revoke the registration, paving the way for the Spanish company to use the same trademark.
The possibility that Frisby could lose its trademark registration in the European Union is a warning to thousands of companies and startups to follow the rules that intellectual property sets for this game. Get advice from IP experts and protect what is yours.
